Neighbors and Lawrence school officials faceoff in court over new athletic facilities / LJWorld.com

Archive for Friday, November 14, 2008

A judge will decide early next week whether to keep a restraining order in place at Lawrence High School.

November 14, 2008

A restraining order against the Lawrence School District over construction of new high school athletic facilities could be decided early next week.

The district and the Lawrence High School neighbors who are trying to prevent the construction were in court on Friday afternoon.

An attorney representing neighbors suing the city and district for trying to expand athletic facilities at Lawrence High School blasted the project and approval process during a court hearing Friday.

Attorney Ronald Schneider, who represents the Centennial Neighborhood Association and several neighbors, asked District Judge Michael Malone to issue a temporary restraining order to keep the school district from starting major expansion, including a new bleachers and other stadium amenities.

"Not only will property values decline but the quiet enjoyment and use of the property will also be impacted adversely by the new football stadium," Schneider said.

He also argued the city improperly classified the condition-use permit for a new football stadium with bleachers because it would have required many more parking spaces be installed.

But before a packed courtroom, Schneider said plaintiffs would concede the district could install turf and a new track on the football field at LHS. They could also do work on a parking lot and build new tennis courts.

Brad Finkeldei, a school district attorney, Friday asked Judge Malone to allow the district to keep building. The neighbors are speculating, he said, and damages could be awarded later if the new facilities actually caused problems.

Finkeldei also said a construction delay of a year would cost the district more money based on its financing plan, and it would cost more to try to restore the LHS field to its state before crews moved dirt. Plans also call for adding baseball, softball and soccer fields at LHS, 1901 La., or the nearby Lawrence Virtual School site.

"Those who will experience real, irreparable harm in this case are the seniors who will not be able to take advantage of these in their only year to be able to do that," Finkeldei said.

He said not allowing the LHS expansion to go forward would create more problems for the school board because members had hoped to address equity issues between the city's two high schools with the projects. Similar field improvements at Free State High School are in the works.

Toni Wheeler, the city's director of legal services, argued the city's planning department properly classified the proposed LHS stadium because it would be used for much more than games, like band practice, physical education classes and graduation ceremonies.

"It is not just limited to sporting activities," she said.

Malone said he would spend the weekend reviewing evidence. He hoped to make a decision on the restraining order early in the week.

Discussion

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14 November 2008
at 6:42 p.m.

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edjayhawk (Anonymous) says…

Neighborhood associations in this town have way too much power.
14 November 2008
at 7:17 p.m.

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drillsgt (Anonymous) says…

put a little money into Haskell's field, it could work out for both schools. Field turf, no charge for parking, a 11,000 seat stadium,sounds like a easy fix to the problem. Im surprised the neighborhood association has not told anybody to put the money into Haskell's field, just to keep the neighborhood safe and sound. It just seems to me like a easy fix to the problem, im sure the AD and President would go for it because it's a fix to the ever going field problem that they have each year.
14 November 2008
at 7:36 p.m.

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SWGlassPit (Anonymous) says…

Haskell more than doubled the rent for the district this year, and the facility is under the authority of the federal government. It's not really very simple to give Haskell money to improve the facilities.
14 November 2008
at 8:21 p.m.

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my2girls (Anonymous) says…

The marching band has practice there already. They can't use that as an added event.
14 November 2008
at 10:07 p.m.

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merrill (Anonymous) says…

According to Haskell USD 497 has not seriously approached them. Why not work with less expensive existing resources?How can anyone support a project that will have a negative impact on existing property values? Monetary awards after the fact does not improve the property values in question.How many of us would sit idly by if our property values were threatened?Does LHS need an extravagant practice field? Poor planning = stop the project!
14 November 2008
at 11 p.m.

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JOEHAWK (Anonymous) says…

You bought a house near a high school. Those pesky young kids with their loud cheering and laughter. I bought a house neare a large intersection with commercial property. Now I have a walmart. I knew this was a possibility. I didn't sue.The only thing that will change is that about 7 nights a year, there will be a sporting event until about 10pm. That is about the only damage that I see. Live with it you babies.
15 November 2008
at 7:41 a.m.

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cowboy (Anonymous) says…

Appears the above poster wants a big buyout , ah the real reason for the lawsuit….This is a nice little neighborhood and I can't fathom that property values will be affected one iota. This neighborhood is / has been a school dominated area forever , proximity to KU , full of KU cars , and close to the high school. houses bought and sold the same as most of the interior lawrence neighborhoods. dont think the noise is the issue either. The one issue that is neighborhood wide is parking , from ousdahl to louisiana we are subjected to being KU's LHS's parking lot not only on game days but year round. Need to force LHS to have ample parking and approach KU to do the same

15 November 2008
at 9:13 a.m.

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mom_of_three (Anonymous) says…

The band practiced on a field next to the old football field, because the field was too curved or dangerous to march on. Now that place is gone. Yes, a new football field/stadium could be used for band practice. And no, events will not be going on 7 nights a week. There are no outdoor sports played after mid November, until mid-march, when track, soccer, baseball and softball begin, and even then, it wouldn't always be at night, and it wouldn't be every night. Property values go down? What a crock. Property values are usually higher when closer to any type of school. There isn't going to be excessive noise except maybe during football season, because it draws a larger crowd and has the band playing. The other events might have announcers, and crowds, but nothing like a football game. And the last I read, not even everyone in the Centennial NEighborhood association supported this lawsuit. That wasn't even mentioned in the article. A 4000 seat football stadium is not that large. Hummer stadium in Topeka is 6000. The stadium in Independence, Ks is about 3000. It's not going to be that big, and will be multi-use, so all students will benefit. Let's get things built so our students will see the benefits.
15 November 2008
at 9:14 a.m.

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ku_tailg8 (Anonymous) says…

How many home games does a high school football team have in a season 5 maybe 6? Is that really worth all of the litigation that is going to take place?
15 November 2008
at 9:41 a.m.

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somebodynew (Anonymous) says…

ku_tailg8 - don't you know by now that in Lawrence this is the only way *anything* gets done. File another lawsuit -spend money - force the other side to spend money - delay - delay - delay. If you don't like something (and it doesn't even have to effect you) then find a lawyer and sue.I really like living here except for this kind of stuff. The only people who win in these situations are the attorneys who always get paid by one or both sides. Just look at how much the WalMart deal cost all of us. This probably will also since it is the School District that has to defend itself.
15 November 2008
at 9:52 a.m.

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touringdriver (Anonymous) says…

whine, whine. whine. i have a family and i'm a very close resident of this project and of the high school. i believe 100% in this new project and changes the school is wanting to make. we are looking forward to it. so all you cry babys better get packing. you know who you are and you also know in the long run your still gonna loose. hahahahahahahahahahahaha!
15 November 2008
at 10:43 a.m.

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somebodynew (Anonymous) says…

touringdriver - if you are a close resident and fall within the “neighborhood association” that filed the suit, maybe you can do something ??? Just asking, I don't know, but maybe you can testify that not all in the “neighborhood” believes in what the association is trying to do ??? Just a thought from another supporter. (Although I don't live there and can't do anything about it.)
15 November 2008
at 1:18 p.m.

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markoo (Anonymous) says…

Hey, I heard from someone living there that it's no big deal at all, and that they can't wait for a stadium to be in their backyard.I also heard this won't do anything to the property values at all.As for traffic concerns surrounding the school with two-lane roads, I'm told things won't be bad at all.I also heard that if you live near a high-school, well, you should have expected this to happen, and you should get over it immediately.Oh yeah, I also heard Elvis was alive and living well in South America. And despite their horrible record, I also heard the Chiefs have a great shot at winning the Superbowl this year.Gosh, who needs a judge and the courts to weigh the evidence when I just need my idle speculation and anecdotal evidence to support what I believe? Illegal proceedings by the city commission? Bah, who cares when I can simply hand-wave it all away?
15 November 2008
at 1:18 p.m.

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justaverage (Anonymous) says…

Demolish LHS and Centennial and sell the land to developers so they can build student apartments there. The neighborhood will really see their property values decline if that were to happen.Oh yeah, and raise the property taxes on all of those who are participating in the lawsuit against USD497 to help cover the cost of a new LHS campus. By the way, why should USD497 invest our tax dollars to upgrade Haskell's stadium and then pay more rent to use it? I don't get that at all. There are events going on all of the time at LHS during the week and on weekends involving hundreds of students and parents so this idea that having football games on five nights during a calendar year will destroy the neighborhood is total BS!
15 November 2008
at 1:29 p.m.

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labyrinth (Anonymous) says…

I thought we were told years ago that the land wasn't buildable, water table or something?

15 November 2008
at 1:36 p.m.

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gl0ck0wn3r (Anonymous) says…

“Richard 'Give me your money' Heckler(Anonymous) says: Does LHS need an extravagant practice field? Poor planning = stop the project!”Richard, you neither live in the neighborhood nor have children in the district. Is this your new pet project now that lawnmowing season is over?
15 November 2008
at 6:29 p.m.

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getserious (Anonymous) says…

People already park in those neighborhoods anytime KU has a basketball game, what's the difference? Only talking about 6 to 7 more Friday nights a year. I notice they didn't object to redoing the track around the field. Seeing as how they walk on it every day.
15 November 2008
at 7:41 p.m.

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NLowrider (Anonymous) says…

I remember playing football in my lifetime sports class at LHS and how horrible that field was to do any physical activity on.The bottom line is the project will go through no matter what and the students there now and in the future are the ones that matter in all of this mess.
15 November 2008
at 8:29 p.m.

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justaverage (Anonymous) says…

The losers in this whole mess are the LHS students.We should encourage our children, not discourage them! Thanks a lot Centennial Neighborhood ASSociation!
15 November 2008
at 8:43 p.m.

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mom_of_three (Anonymous) says…

Yeah, the band couldn't even march on that football field, because it wasn't even enough or something like that. They marched on a field next to the football field, which isn't there now either.
15 November 2008
at 9:10 p.m.

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deskboy04 (Anonymous) says…

Build a massive sports complex for both LHS and Free State. Sports are life, life is sports.
15 November 2008
at 11:32 p.m.

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Jackson (Anonymous) says…

NONE of the city comms., board of ed., or 497 administrators live near LHS or Centennial, so their opinions have no validity.
16 November 2008
at 5:18 a.m.

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honestone (Anonymous) says…

Does PLAY have anything to do with this??

17 November 2008
at 9:39 a.m.

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CNA_Resident (Anonymous) says…

Well, DCS = how nice it must be that, in your mind, you get to pick and choose what is acceptable to you, a person who is all about “attitude” and *possibilities* …..Is it possible that the school district specifically planned this kind of development twelve or more years ago?Is it possible that the Centennial Neighborhood Association at that time, **assisted** the school district in purchasing five acres immediately south of then Centennial Elementary?Is it possible that you weren't involved, weren't interested, and weren't aware that there is a sports program inequity between the NEW high school and the OLD one?Is it possible that the ONLY perception the folks who carry the Centennial Neighborhood Association banner into court have is self-interest?? For Your Information, bucko - and for everyone else who keeps harping on Haskell's Fields, Haskell. University. Is. Federal. Land.*When* will you all get that?? There IS no development between CITY funding and federal funding. What part of that does Merrill or anyone else (including you!) NOT understand?*Speculation* about what home values will be after the sports facilities are built, and self-interest of the adjoining or nearby property owners who don't want lights, noise or traffic is the basis for this lawsuit … not the facts, not the future of Lawrence High School and its feeder system of elementary and junior high schools.
17 November 2008
at 10:54 a.m.

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johnadavies (Anonymous) says…

I don't know how much “quiet enjoyment” you could expect that close to KU and I have also heard that there are a great number of people in the “neighborhood” association that knew nothing about this suit and don't agree with it! There are also a lot of houses in that area that are now student housing so I suspect they aren't looking for too much “quiet enjoyment” anyway. There are people out there that enjoy raining on the parade and I guess we've got to expect to hear from some.
18 November 2008
at 3:10 p.m.

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blackmild (Anonymous) says…

i think the kids need a field to playa on