St. Charles homeowner loses another round to the city

 
 
Posted10/5/2015 5:40 AM

A St. Charles man who was sued by the city after letting a home improvement project languish for decades has lost his appeal of a judge's decision to dismiss his countersuit.

Cliff McIlvaine, of the 600 block of Prairie Street, sued the city after a judge ruled in 2013 that the city should be able to install a conventional, asphalt roof on his home.

                                                                                                                                                                                                                       
 

The city sued McIlvaine in late 2010 to get him to complete a garage and home addition for which he was first issued permits in 1975 and 1976.

McIlvaine agreed to complete the work by September 2012, but after he fell behind -- in part because he was installing a custom, super-insulated roof -- a judge granted the city permission to install a regular roof.

McIlvaine's countersuit was dismissed by a judge and an appellate panel recently affirmed it.

"A property owner does not have a right to allow his property to fall into such disrepair as to create a public health and safety risk," the panel wrote, adding: "Compelling the city to install a one-of-a-kind novelty roof would not be an effective means of accomplishing the needed repairs or be consistent with a reasonable construction of the statute (cited by the city to do the work)."

A message left with McIlvaine's attorney, Philip Piscopo, was not returned.

McIlvaine has since completed all the remaining work that he initially agreed to, but the two sides are next due in court Nov. 2.

The city is trying to get McIlvaine to pay some $95,500 in fines and roof costs, as well as reimburse the city for its attorney fees.

New associate judge

Michael E. Coppedge has been appointed as the newest associate judge in the 22nd Judicial Circuit in McHenry County, filling a vacancy created by the retirement of Robert K. Beaderstadt.

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Coppedge, who is a partner in the law firm of Conlin, Naughton, Curran & Coppedge, lives in Crystal Lake and is a graduate of the University of St. Francis in Joliet.

He attended law school at Northern Illinois University and was admitted to the bar in 1987. His courtroom assignment has yet to be determined.

Ask A Lawyer

The Kane County Bar Association hosts Ask A Lawyer Day from 9 a.m. to noon Saturday. Residents can call (630) 762-1900 to speak with a volunteer attorney about a variety of topics ranging from child custody and bankruptcy to traffic and wills. If you get a busy signal, keep trying and do not leave a voice mail because attorneys cannot access the message system.

hhitzeman@dailyherald.com

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