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COD, Glen Ellyn heading back to court

College of DuPage and Glen Ellyn are heading back to the courtroom next week, just months after officials on both sides said a winning compromise had been reached.

The most recent move in a lengthy legal battle between the two entities, the college and municipality will be in court Monday over a petition filed in DuPage County court alleging the village violated a court-mediated agreement  by raising questions about a zoning application the college submitted to DuPage County. The agreement reached in February, after attempts by the college to deannex from Glen Ellyn, handed regulatory authority over the college campus from the village to DuPage County.

An attorney for the college, Kenneth Florey, claims in the petition that village officials violated the agreement by submitting comments and appearing before the county authority considering a zoning application related to new buildings on the Glen Ellyn school’s campus.

“Village officials have inserted themselves as overzealous advocates opposing the College by writing letters, organizing opposition, making phone calls and testifying against the College’s zoning application at two public hearings,” the petition reads.

The petition references the village’s planning director, Staci Hulseberg, who submitted a letter to the county’s department of economic development earlier this month stating the village shares “concerns” with village residents over the college’s request for permits. Among the concerns include use for the six new buildings the college initially proposed in its plans. “There is no indication of what the buildings would be used for,” Hulseberg’s letter says.

An attorney for Glen Ellyn, Stewart Diamond, said the village recognizes the county’s authority over the college, and that there’s no wording in the agreement that would “prevent the village from providing information or expressing its views.”

“The village believes that it has both the right and an obligation to provide information to the county and to answer questions and to appear at hearings if it wishes to,” he said.

A hearing is scheduled for 9 a.m. Monday at the DuPage County Courthouse.

Diamond said if the village is found to have violated the agreement, it will have to pay the college’s attorney fees for the hearing.

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