Kane judge denies McIlavine's claim that city broke law
A judge has dismissed an embattled St. Charles homeowner's claim that the city overstepped its authority when it installed a conventional, asphalt shingle roof on his home in summer 2013.
Cliff McIlvaine, who was first issued a permit in 1975 for work at his home on the 600 block of Prairie Street, argued weeks ago that the city went beyond the scope of Kane County Judge David Akemann's order allowing the city to take over aspects of the project.
Attorney Philip Piscopo argued weeks ago that work crews damaged fiberglass on the roof that was a base for McIlvaine's super-insulated, custom design.
Akemann disagreed, ruling in favor of the city Friday and informing attorneys on both sides Monday.
"We're please with the judge's decision. We believe it's the correct one," said Phil Luetkehans, an attorney for the city of St. Charles, which sued McIlvaine in late 2010. "We look forward to finishing the litigation with Mr. McIlvaine as soon as possible."
Piscopo said he had yet to talk to his client about a possible appeal which must be filed within 30 days.
"I am disappointed because I think the order from May 2013 set forth what the city could do and they went and did whatever they wanted to," Piscopo said. "Obviously, the judge disagreed."
After the city filed suit in law 2010, McIlvaine inked an agreement to wrap up his home addition by September 2012.
But in spring 2012, McIlvaine missed numerous deadlines and was jailed for two weeks for contempt of court and refusing to connect to the city's water supply.
The city asked for and was granted permission after a lengthy hearing in May 2013 to take over certain aspects of the project, including installing a new roof, exterior staircase and burying an exposed power line.
In April 2014, McIlvaine reached another agreement with the city to remove construction debris and vehicles and erect a storage facility for building materials.
Both sides are due in court Nov. 5 when the city will argue for fines, saying McIlvaine has failed to complete aspects of the 2014 agreement, including the storage facility.
Luetkehans said McIlvaine's property currently has a large hole dug on it, accompanied by a large pile of dirt next to it.
"He still hasn't completed what was supposed to be done," Luetkehans said.