Sept. 24--The Illinois Supreme Court will not let the large stands at Crystal Lake South High School stand.
Capping a long legal fight over the big bleachers that pitted the school against nearby residents and the city of Crystal Lake, the state's highest court ruled Thursday that Community High School District 155 was wrong for ignoring local building rules when it erected the structure in 2013.
In response, school officials announced a short time after the ruling came down that they will begin the process of tearing down the bleachers, despite having appealed the case multiple times, all the way to the state's highest court.
"We are disappointed with today's Illinois Supreme Court ruling," the district's statement said, adding that it will "move forward in a cooperative and respectful manner" with the city and neighbors.
The district built the 50-feet-tall, $1.2 million stands -- which some unhappy neighbors have dubbed "the Berlin Wall of Steel" -- without the city's permission and did not abide by local regulations on height and setback.
Nearby homeowners -- including McHenry County State's Attorney Louis Bianchi, who owns a rental property behind the field -- filed suit, complaining that the stands towered over their houses, hurt their property values and invaded their privacy.
Kim Maselbas-Gurba, whose home is directly behind the bleachers and whose husband was another plaintiff, said her family has been subjected to people peering into her windows from the stands and urinating beneath them in plain view.
"We're very happy the court side of this is finally over," she said. "It's been a nightmare for two years. We feel the district owes the city and all the taxpayers an apology. They should admit they were wrong."
Both the McHenry County judge and an appeals court ruled soundly in the neighbors' and city's favor, finding that schools are obliged to follow local limits on size and setbacks from property lines, just like other landowners.
District attorneys have contended that schools don't have to follow local zoning laws and that the district only needed building approval from the regional school superintendent. Under questioning from the Supreme Court in May, school district attorney Robert Swain argued that the school could go so far as to raise livestock on its grounds without local approval.
The new stands replaced a much smaller set of bleachers that residents said were not a problem. But supporters of the school and its football team said the new stands were needed for safety, access for fans with disabilities, and to accommodate crowds.
Last year, McHenry County Circuit Court Judge Michael Chmiel ordered the bleachers to be torn down or modified, and the city imposed fines, but those sanctions were put on hold while the school board appealed.
Earlier this year, the city denied a proposal by the school district to remove the press box from the stands and lower their height to 38 feet, with more landscaping as a buffer for nearby homes. School officials said they were constrained from building the bleachers on the other side of the field -- where the "home" bleachers used to be located -- because space is limited by tennis courts and a concession stand.
The latest ruling means the school district must submit new plans for review by the city's planning and zoning commission.
Crystal Lake Mayor Aaron Shepley, who has said the district was "arrogant" for defying city regulations and concerns of neighbors, has called for the school to relocate the stands to the other side of the field or to reduce their size to meet city rules.
Crystal Lake officials released a statement calling the ruling a "property rights victory."
"The Illinois Supreme Court today handed a victory to all property owners by ruling that schools in Illinois are subject to local zoning."
A timeline for the bleachers' removal is unclear. The district said they anticipate that two upcoming events -- the annual "Pink Out" home football game on Friday and a mental health awareness charity walk on Saturday.
rmccoppin@tribpub.com
