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posted: 6/20/2012 4:04 PM

McIlvaine sentencing on Friday for lingering project could be postponed

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  • Clifford McIlvaine of St. Charles faces a contempt of court sentencing Friday stemming from his home construction project.

       Clifford McIlvaine of St. Charles faces a contempt of court sentencing Friday stemming from his home construction project.
    Rick West | Staff Photographer

  • St. Charles resident Clifford McIlvaine, who has been working on a home construction project for 37 years, wants a Friday sentencing hearing delayed because of illness.

       St. Charles resident Clifford McIlvaine, who has been working on a home construction project for 37 years, wants a Friday sentencing hearing delayed because of illness.
    James Fuller | Staff Photographer

 
 

Clifford McIlvaine, a St. Charles homeowner with a three-decade old construction project who was recently found to be in contempt of court, wants his Friday sentencing delayed until July 23 because he has kidney stones.

According to court papers filed last week, McIlvaine wants Judge Thomas E. Mueller to delay sentencing while McIlvaine recovers from a bout with kidney stones that his doctor says could take three to four weeks to clear up.

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The St. Charles man also will ask the judge to reconsider his ruling that he is in violation of an agreement to finish work on his house at 605 Prairie Street by this fall.

City officials sued McIlvaine in late 2010, arguing he had not allowed the city to inspect construction on his home that began in 1975.

The city argued that the project was a safety hazard and a neighborhood eyesore.

The two sides eventually inked an agreement that required McIlvaine, who could not be reached for comment this week, to complete the work by September 2012.

But McIlvaine missed several deadlines, and last month was found by Mueller to be in contempt of court. McIlvaine also plans to ask Mueller to reconsider his ruling that McIlvaine was in contempt of the agreement.

Phil Luetkehans, an attorney representing the city, has said the city will seek fines instead of jail time against McIlvaine and the city just wants the project done.

Luetkehans on Wednesday said the city has representatives visit the site on a weekly basis now and McIlvaine "has made very little progress" since he was found in contempt last month.

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