Caledonia Argus

School district retains law firm to pursue eminent domain

Posted: 6/4/02

By Shannon McKinney
Argus News Reporter

District #299 voted unanimously Monday night, June 3, to retain the law firm of Parke OíFlaherty, La Crosse, in conjunction with the city of Caledonia, to begin the process of acquiring Esch Drive as an access to the new school.

The city, school district and owners of the property, Ma Cal Developers, have been involved in discussions but have not reached an agreement for the purchase of the land.

The city of Caledonia, at its Tuesday, May 28, meeting voted 3-2 to retain the law firm for the same purposes. Those voting in favor were John Klug, Mark Schiltz and Randi Vick. Those opposed were Mayor Bob Burns and Paul Fisch.

At its last meeting, the district failed to reach an agreement on access issues to the new school with with Ma Cal Developers and the city of Caledonia. At the time, the district had asked Superintendent Percy Lingen to look into the issue of eminent domain pending the visit of the state fire marshall, who was to make a recommendation on whether the school would need a second access.

Kraus-Anderson Site Superintendent Ken Cote' informed board members that last week he received a call from the state fire marshall, who told him that a single access was adequate and that he would not be making a visit.

However, said Cote', the state fire marshall stated that the local fire chief has the right to demand a second access be put in if he feels there is a need.

Board member Chuck Schulte said he talked with Caledonia Fire Chief Chuck Gavin, who said he was of the opinion that there needs to be a second access. ìKruckow Avenue would not be sufficient,î said Schulte of Gavinís opinion.

Furthermore, Schulte said, Gavin has dropped off a letter to the city clerkís office requesting a second access.

The local fire chief can prohibit the opening of the new school until a second access is developed.

Board Member Dave Klinski said he also talked with Gavin and stated, ìHe (Gavin) straight up said, ëI would like to see a second access.íî

Klinski made the motion to retain Parke OíFlaherty and said, ìThis is the only way to get the ball rolling. We talk about it in the hallways, but we donít get anything done.î

Schulte said he is against eminent domain, but right now the district has limited options. He sees there being no other choice but to pursue condemnation. ìWe donít have six months to a year to dilly dally around. We are the leaders of this school district and I see no other way,î he said.

Board member Charlie Wray also commented that he too was against eminent domain, but said, ìWeíve made many attempts to make reasonable agreements and we havenít gotten close, and we have to move fast.î

Board member Barb Hurley also agreed that she was against eminent domain, but felt something should be done.

Board member Suzanne Roesler and Board Chair Cheryl Whitesitt expressed concern about making sure it was clear what the city and districtís development responsibilities would be during the retention of this law firm and eminent domain proceedings.

Board Bruce Bulman said Esch Drive has always been in the plans, itís just that this was not the way anyone thought it would go in.

Schulte informed the board that it may cost between $25,000 to $35,000 to retain Parke OíFlaherty for the entire proceedings. The money could be obtained from the districtís contingency building fund.

Klinski recommended putting in a gravel road and not putting in water and sewer so that Ma Cal could have the option of later removing the road to a different location.

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