Settlement in West Chicago mayor’s greenhouse dispute hinges on non-disparagement clause

West Chicago Mayor Daniel Bovey could resolve his yearslong legal battle with the city over a greenhouse he built in his backyard — if both sides can agree on what they can say about the matter once it’s resolved.

Bovey and his wife, Jody, posted on their Facebook page last week that a settlement is being considered for two court cases related to their geodesic dome greenhouse.

But the Boveys said they disagree with a proposed clause in the settlement that would prohibit them and city officials from making disparaging remarks or assigning blame, according to their post.

They stated they won’t sign the settlement if it includes the restriction. However, they also posted, the city council won’t approve the deal without it.

The Boveys also claimed in their post that several aldermen, whom they didn’t name, want them to agree not to reveal the terms of the settlement.

“We have nothing to hide. It seems they do,” the wrote. “We have decided that we will not sign a nondisclosure. So once again, we are at the mercy of the city who, as we have maintained since the Fall of 2022, desires to see the Greenhouse demolished. We still believe this to be the case.”

If both sides agree, they could issue a joint statement announcing the settlement of two legal cases. The first is a lawsuit the Boveys filed against the city in 2024. The other is the case the city brought against the couple in 2025.

An attorney for the city did not respond to requests for comment. Dan Bovey was not available for comment Monday.

According to the Boveys’ Facebook post, the proposed agreement calls for the city to refund $10,000 of a $20,000 fine the Boveys paid.

It also calls for the city to renew the Boveys’ building permit without requiring additional documentation. They would be given nine months from the issuance of the permit to finish the work to the city’s satisfaction.

The Boveys received a permit in 2021 to build a non-commercial greenhouse with an estimated value of $7,000.

City officials previously said that the Boveys deviated substantially from the initial plans. The geodesic dome is roughly 15 feet tall with two interior levels.

After letting the first permit lapse, the Boveys paid a fine, and the city issued a new permit in July 2022. When that permit expired in July 2023, the Boveys unsuccessfully sought to renew it.

In September 2023, the city filed an administrative adjudication case against them, alleging they were building without a permit.

The administrative law judge ruled in favor of the city in November 2023 and levied a $20,000 fine. But he allowed the fine to be postponed and substantially reduced if the city and the Boveys could agree on a new permit. They did not.

The Boveys asked DuPage County Circuit Court Judge Bryan Chapman to overturn the ruling in January 2024. In the lawsuit it filed in 2025, the city asked for the judgment to be enforced.

Chapman ruled against the Boveys in their case.

On Aug. 7, the 3rd District Appellate Court affirmed Chapman’s decision. The summary order said the Boveys forfeited some of their appellate claims because they did not raise them during the administrative hearing. The appellate court refused to consider other points because the Boveys did not provide legal citations to support their arguments.

The Boveys represented themselves for the appeal. Neither is an attorney.

On Monday, the city’s attorney told DuPage Judge Jennifer Barron, who is now hearing the cases, that the Boveys have submitted changes to the proposed agreement. He suggested Barron could close the cases without a settlement because of the appellate court ruling.

Barron continued the cases to Sept. 30.

ssarkauskas@dailyherald.com