35-year remodeling project could land St. Charles man in court

Do neighbors have a right to not look at ugly construction debris, tarps and trailers for decades upon decades?

Does the government have a right to enter and inspect the inside of a home if the outside is a mess?

These are two questions that have been raised and likely will be answered as the city of St. Charles' dispute with a man whose home has been under some form of construction since 1975 appears headed to trial.

After a brief court appearance last week, a judge set April 18 as a possible trial date for Clifford McIlvaine.

The city sued McIlvaine last year in attempt to inspect the man's home in the 600 block of Prairie Street. The city argued that McIlvaine pulled permits to work on his home 35 years ago and has not let the city inspect his work since.

City attorneys waved the public safety flag, arguing the city had a right to inspect the home's interior for code violations based on numerous and ongoing code violations outside the home.

Judge Michael Colwell, who has since retired, in November sided with McIlvaine, saying the city could inspect some parts of the addition onto McIlvaines' home but not the inside.

“We did find violations. It was more than two or three, that's for sure,” said Phil Luetkenhans, an attorney representing the city.

If the situation advanced to a trial, it would focus on the alleged code violations by McIlvaine.

“But most importantly, we're going to require that he be ordered to finish construction in a reasonable time period,” Luetkenhans said. “Right now, we're anticipating going to trial but we would gladly listen to any settlement discussions.”

McIlvaine has declined to say what he is building, and his attorney has conceded there is no time frame to finish it.

“It's a question of money, it's a question of time and he always thought that as long as he was working on it, it would not be a problem,” said McIlvaine's attorney, William Foote, in November.

Moving along

When Judge Michael Colwell stepped down from the bench in December, he said he wanted to reinvent himself one more time.

He certainly moved swiftly, joining the St. Charles-based law firm of Foote, Meyers, Mielke and Flowers.

Colwell, who served 26 years as a judge, will specialize in mediation, land use and appellate court work.

Holiday traffic detail

Campton Hills police recently announced results from its special traffic enforcement in December, making three DUI arrests and handing out 13 seat belt tickets.

Police said were out at night when more people drink and drive and are less likely to buckle up and overall issued 71 tickets.