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Despite court's ruling, old Aledo school building may go to Maynards
Posted Online: Nov. 03, 2009, 10:25 pm
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By Stephen Elliott, selliott@qconline.com
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ALEDO -- After two years in the courts and $15,000 in legal fees, Aledo aldermen may vote to allow local businessman Richard "Dick" Maynard to have the former junior high school. Aldermen are expected to vote Nov. 16 on a proposal allowing Mr. Maynard and his son, Robert Maynard, to keep the building, despite a court's ruling that he was to deed it back to the city. The building is in Robert Maynard's name. The city sued both Maynards in April 2007, alleging breach of contract and asking the court not to recognize a transfer of the building's ownership from the elder Maynard to his son. The city's suit claimed renovation was not completed by the Dec. 31, 2006, deadline outlined in the redevelopment agreement it had with the Maynards. When the city turned down a request from the elder Mr. Maynard for an extension, he executed a quitclaim deed, transferring the building to his son on Dec. 27, 2006. In July 2008, Judge Alan Blackwood ordered the property deeded back to the city within 14 days. The judge also took issue with the deed's transfer to Mr. Maynard's son before the deadline, calling it "clearly improper and not in good faith." The building never was deeded back to the city. Instead, the Maynards appealed Judge Blackwood's decision to the Third District Appellate Court in Ottawa. In October, the court reaffirmed Judge Blackwood's decision. Prior to the last city election, city administrator Janice Green said the city was ready to reclaim the building and seek new developers and ideas through the city's Tax Increment Finance program. The council does not want to sell the property, Ms. Green said, although seeking requests for proposals is standard practice for the city. "We've actually had a couple of phone calls in the last month or so from people interested in doing something if the city would get the building back," Ms. Green said. Former Aledo Mayor Lee Celske said, as city property, the building should be put out for bid, "instead of making some deal on the side with the council. It should be done right, above board, and with public participation," he said. Aledo Mayor Jack Doherty said he has no problem with the Maynards owning the building. But he wants timelines and guidelines in the city's agreement with them. "I wanted to give it to him, but I wanted some rules so he has to finish it," Mayor Doherty said. "They (aldermen)want no rules. They just want to give it to him. "I wanted to have it done in five years, but the council didn't see fit to put that in (an agreement)." Ald. Robert Rillie, who proposed delaying the agreement with the Maynards, said he hasn't decided whether to allow the Maynards to keep the building. Although the courts ruled for the city, Ald. Rillie said no decision was reached on how much the city owed Dick Maynard for work he had done on the building. Dick Maynard said his son has tentative plans to convert the school into an apartment building. 
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