Judge rules against extra payout in District 303 mold case

ST. CHARLES A Cook County judge this month ruled St. Charles School District 303 does not have to pay an additional $374,000 in a lawsuit tied to the 2001 mold discovery at St. Charles East High School.

Cook County Circuit Court Judge Kathleen Kennedy denied a motion from the Illinois School District Agency, one of the districts former insurance carriers, on Sept. 16, said Seth Chapman, District 303 assistant superintendent of business services.

The agency sought the $374,000 as pre-judgment interest in its lawsuit against the district. The interest would account for the additional legal costs associated with the lawsuit since it originally was filed in 2003, Chapman said.

The agency took the district to court to obtain the roughly $660,000 the district collected from its other previous insurance carriers. The agency argued it helped pay for costs associated with the mold remediation and was due the $660,000 instead of the district.

Kennedy on July 31 ruled in favor of the agency on the $660,000, but excluded the $374,000 pre-judgement interest in her decision. One of the agencys attorneys filed the motion asking the judge to reconsider the interest, and that is the motion that was denied on Sept. 16, Chapman said.

We still have to wait to find out if they are going to file an appeal, he said.

The Illinois School District Agency has 30 days from Kennedys Sept. 16 decision to file the appeal. As of Tuesday afternoon, the district has not received any word that an appeal has been filed, Chapman said.

The St. Charles School District 303 Board on Aug. 11 voted, 7-0, in favor of paying the agency $660,000, plus current court fees and other interest that totaled $2,000, in accordance with Kennedys July 31 ruling. The $662,000 was paid on Aug. 14, Chapman said.

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Judge rules against extra payout in District 303 mold case