Trial set since no deal yet on St. Charles building permit suit

Lawyers have still not worked out a deal to settle a suit over Clifford McIlvaine’s 35-year home improvement project in St. Charles.

Judge Thomas Mueller Friday granted the city of St. Charles’ request to instead set a trial date.

The case is set for trial Sept. 12. But the judge said the two sides should continue to pursue an agreement.

The city sued McIlvaine in 2010, alleging he had not let city inspectors look at work done on a home addition for which he was issued a permit in 1975. It also alleges that 33 building and maintenance code violations at the house in the 600 block of Prairie Street were a threat to public safety and a blight on the neighborhood. Among other things, the city contends he has parked a box trailer in his yard for 12 years.

The city sought a search warrant to get on the property, but was denied by Judge Michael Colwell.

McIlvaine, who has refused to say what he is building, said in a November interview the project was taking so long because he was doing the work himself and he wanted to make sure it was built well.

According to Bob Funk, the city’s attorney, the two sides haven’t agreed on a construction schedule, language allowing for delays due to uncontrollable events such as fire, and the number of times McIlvaine will have to report the status of construction to the judge.

Defense attorney William Foote objects to the eight monthly status updates the city wants, and downplayed how far apart the sides are.

A contractor hired for the job apparently thinks it will take through July 2012, according to a schedule submitted to the city. Mueller expressed incredulity at how long the case and the construction was taking.

“This is a single-family home and not some large development. I do not understand why it cannot be worked out in a month,” he said.

Funk said the city wants a firm completion date, with consequences, in the agreement.

“These dates need to be in stone,” he said.

The defense wants just one status update to start.

“Given the history of this case I thought we were going to keep a short rein on things,” Mueller said.

The city has allowed some preliminary prep work to begin, but won’t issue a new construction permit, such as for pouring a foundation, until there is a settlement or a ruling.