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Mcllvaine a no-show at sentencing hearing

Published: Saturday, June 23, 2012 5:30 a.m. CDT • Updated: Saturday, June 23, 2012 6:41 a.m. CDT

ST. CHARLES – Kane County Judge Thomas Mueller on Friday voiced frustration with a St. Charles resident who has been at odds with the city over a decades-long home improvement project.

“The city has been much more patient than this court would be,” Mueller said in addressing the city’s attorneys during a hearing on the case. “He quite honestly has not shown much respect for this court.”

Clifford McIlvaine last month was found in contempt of court for not adhering to an agreed-upon work schedule to finish the project. The home improvement project at 605 Prairie St. began in 1975.

The city sued McIlvaine in 2010 to get the project finished.

A work schedule later was agreed upon in court.

McIlvaine did not show up for Friday’s sentencing hearing. He had said in court filings that he was suffering from kidney stones and asked the hearing to be delayed until July 23.

Mueller set another hearing for Mcllvaine at 9:30 a.m. July 6. He stressed that Mcllvaine must show up for the hearing.

“I really do need to have a face-to-face with him for his plan to meet the deadline,” Mueller said.

McIlvaine could not be reached for comment.

Phil Luetkehans, an attorney for the city, said McIlvaine could face more than $50,000 in fines.

But he said the city’s ultimate goal is to get the project completed.

“All I want is this project done,” Luetkehans said.

Luetkehans said he would request a warrant for McIlvaine’s arrest if McIlvaine doesn’t show up for the July 6 hearing.

“I do believe he has been sick,” Luetkehans said. “I don’t think he is so sick he couldn’t come today.”

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