State supreme court refuses case

A Carol Stream couple finally may be on the hook for more than $16,000 in village-imposed fines they received two years ago.

Dave and Beth Sanders were trying to appeal the fines stemming from building code violations they inherited from the previous owner of their home. But they were notified this week that the Illinois Supreme Court has declined to hear the case.

The high court's decision apparently ends a legal battle that started when the Sanders family got a permit to install an above-ground pool behind their Dogwood Lane home.

During an inspection of the pool, the village learned a previous owner had built a deck and sunroom without a permit.

After the couple were found guilty of the violations in 2005, a DuPage County judge ruled they needed to pay $16,562 in fines.

However, Dave and Beth Sanders appealed the decision. The drawn-out court case prompted Carol Stream to spend more than $134,000 in attorney fees.

"I am still in a total shock that this could happen," Dave Sanders said. "I find myself thinking, 'How in the world can you do the right thing and have it blow up in your face?'"

Sanders repeatedly has claimed village staff was unresponsive to his family's efforts at seeking help in correcting the violations.

Still, village officials have said they would have issued a permit and waived fees for the deck and sunroom -- and offered to settle the dispute before taking the couple to court.

"I understand the Sanders' need to litigate this as far as they could," Trustee Pamela Fenner said. "But it was an extremely costly endeavor that got them nowhere."

Fenner defended the village's litigation efforts. The village's legal bills ultimately cost local taxpayers more than eight times the value of the fine amount sought by Carol Stream.

"If we had just let this go, we would have no longer been able to enforce our ordinances," Fenner said. "We just can't let one case go by."

The Sanders family has no further options in appealing the case in the state court system.

But Ken Johnson, the attorney who's helped provide legal services to the family at reduced costs, said they might be able to pursue the matter in federal court.

Johnson said he plans to meet with Dave Sanders early next week to assess the family's legal options.

"I do need to sit down with him," Johnson said. "I'm not sure whether he'll want to take that route."