Judge: S. Elgin quarry OK for swimming

Residents surrounding a South Elgin quarry can continue to swim there despite liability concerns raised by the quarry bed's owner, a Kane County judge has ruled.

The Ulsaver Quarry, tucked between Route 31 and the Fox River, has been the subject of legal wrangling since 2005, when its owner, Dr. William Dwyer, closed it citing a 1999 drowning that raised liability questions.

On Jan. 20, Kane County Judge Michael J. Colwell issued a ruling siding with nine families who live adjacent to the quarry in the Fox River Beach subdivision.

The plaintiffs argued in court filings that an agreement with the previous owner, Dwyer's father, nearly 50 years ago entitled them to bathe, swim and fish in the quarry. They said their lots were advertised as "resort properties" with "free and full access" to the body of water, according to court records.

Dwyer's attorney has asked Colwell to block use of the quarry until his client can appeal the case to a higher court. The judge could rule on that request this month.