COD Goes to Court to Keep Village Silent at County Hearings

The College of DuPage is back in court, to try to keep the Village of Glen Ellyn quiet during county hearings on the college's long-term plan.

COD needs county approval for its long-term expansion plan. The village of Glen Ellyn relinquished regulatory control of the campus via an intergovernmental agreement that ended litigation between the college and the village. But village officials commented at a DuPage County zoning meeting on May 10 to voice concern about the college's application.

COD attorneys say this action violated the "spirit" of the intergovernmental agreement and filed a motion Wednesday requesting Judge Hollis Webster to "enforce" the mediation agreement. Attorney Ken Florey filed the motion, which states that by testifying at county hearings village officials are "overzealous advocates." The motion states the village's intent is to regulate the college by "co-opting the county's administrative processes."

Village Attorney Stuart Diamond said this is an unusual request, calling for village officials to remain silent, which he said would deprive the village of its constitutional rights. Besides, Diamond said the county asked for the village's view on the proposed development.  

"The idea that land, that remains within the village of Glen Ellyn, should be developed with complete silence by the village is very strange and not within the context of the mediated settlement or the three-party agreement," said Diamond.

The village of Glen Ellyn and the College of DuPage have long fought for jurisdiction over the 273-acre campus. In March, to shift all permitting, construction and inspection regulations from the village to the county. 

The college has since scaled back on its long-term development application but was first seeking approval for approximately , although the use for most of the buildings was unclear. 

DuPage County Board member J.R. McBride (a Glen Ellyn resident) said although this is a new relationship for the college, village and county, "everybody has a right to say something."

"I want to know what the village of Glen Ellyn has to say," said McBride.

Attorneys for the college could not be reached for comment.  

The two parties will appear before Judge Hollis Webster Monday, May 21 at 9 a.m., 505 North County Farm Rd., Wheaton.