Project complete, but St. Charles homeowner McIlvaine still fighting city
After five years of litigation, St. Charles homeowner Clifford McIlvaine has completed an addition at his home on the 600 block of Prairie Street and built a storage facility in his backyard for construction materials.
But the 40-year dispute between McIlvaine and the city continues.
St. Charles sued McIlvaine in late 2010, saying the move was needed to inspect his home for work dating back to a building permit issued in 1975. He is contesting a move by the city to collect some $215,000 in fines and attorney fees from the case, according to Kane County court records.
About $64,200 comes from fines and $31,322 was for a new roof at that judge ordered installed the summer of 2013. The remainder, nearly $120,000, is for fees paid to attorneys to represent the city of St. Charles on the matter - an amount that McIlvaine wants reduced or thrown out.
McIlvaine's defense attorney Philip Piscopo argues in court papers filed last month that the $100-a-day fines were "unreasonable" and contends many of the attorney fees in the case were the result of the city changing the original agreement McIlvaine signed in fall 2011 to finish the project.
Piscopo also argues the city failed to file its motion for attorney fee reimbursement within the required 30-day window; therefore, he said, McIlvaine owes nothing.
But Judge David Akemann denied a similar move by Piscopo in September to eliminate attorney fees and fines in the case, records show.
"The issue of (McIlvaine) paying the fees already has been decided. It's just up to the amount now," said Phil Luetkehans, an attorney representing the city of St. Charles, on Monday.
The two sides are next due in court on Jan. 20.