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State suing Aurora apartment building owner for improper asbestos removal

Illinois Attorney General Kwame Raoul has obtained a court order to get the owner of an Aurora apartment building to properly clean up asbestos on the property.

His office sued Fox Shore Preservation LP and Legacy Construction Services on May 29, saying they polluted the air by disturbing asbestos-containing materials during renovation of the four-story, 94-unit building at 430 N. River St.

An agreed injunction order announced Thursday requires Fox Shore to clean the building using a plan approved by the Illinois Environmental Protection Agency.

It also has to temporarily move all residents during the cleanup, until the IEPA determines it is safe for them to move back.

“Asbestos is a dangerous carcinogen that — when mishandled — threatens the health of those who are exposed,” Raoul said.

The lawsuit alleges Fox Shore and Legacy performed unsafe work beginning in December 2025. That included removing, sanding, covering or repairing popcorn ceilings, drywall, floor tiles and mastic. Many of the materials contained chrysotile asbestos.

Aurora Township property assessment records indicate the building was constructed in 1970. It provides low-income housing, according to the Illinois Housing Development Authority.

There is no known safe level of exposure to asbestos, the news release said, and inhalation of asbestos fibers can cause serious and fatal illnesses, including malignant lung cancer, mesothelioma and asbestosis.

Raoul’s lawsuit is based on a referral from the IEPA.

The IEPA inspected the site March 3 and saw 27 units in various states of renovation.

Fox Shore did not submit a required notice before starting the work, violating the National Emission Standards for Hazardous Air Pollutants for asbestos.

The cleanup also requires the owner to clean residents’ belongings.

Aurora Township property assessment records indicate the building was constructed in 1970. It provides low-income housing, according to the Illinois Housing Development Authority.

The case is being prosecuted in Kane County Circuit Court.