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Dispute continues between Mcllvaine, St. Charles

Published: Thursday, Aug. 22, 2013 5:30 a.m. CDT • Updated: Thursday, Aug. 22, 2013 6:54 a.m. CDT

ST. CHARLES – Clifford McIlvaine on Wednesday said the city caused an estimated $15,000 to $20,000 in damage after water leaked into his house in July after a heavy downpour.

Kane County Judge David Akemann recently allowed the city of St. Charles to proceed with the repairing of McIlvaine’s property at 605 Prairie St., including correcting an unfinished roof. The city sued McIlvaine in 2010, pushing him to finish a home repair project that was started more than 30 years ago.

McIlvaine blamed city officials after water leaked into his house after the heavy downpour in a July storm.

McIlvaine said the water damaged a lot of electrical supplies and building materials that were being stored in his house. He previously filed a court motion that he suffered “great loss in personal property” in the form of ruined materials and equipment that were stored inside of the garage and solarium.

But St. Charles city attorney Robert Funk said McIlvaine has not provided the city with information about what was damaged by the rainwater.

“Although the city and the roofing contractor realize Mr. McIlvaine may be entitled to compensation for actual damage to property caused by the rain event, the motion is premature as neither the city nor the roofing contractor has refused or denied a claim by him,” Funk wrote in a court filing.

In the court filing, Funk said the city had instructed the roofing contractor to adequately cover the roof with tarps during construction, but that rain entered the house during the downpour.

“Upon observing the leaking roof, city staff immediately called the roofing contractor who arrived at the residence and retarped the roof to prevent any additional rain from entering the residence,” Funk stated.

McIlvaine said he continues to work with his insurance company on assessing the damage the water caused.

“The insurance man told me that he was not going to take the inventory and said that I must do it and get him prices on each of the items that were damaged by flood the city caused,” he said in an Aug. 13 letter to Funk.

A court hearing between the two parties is scheduled for Wednesday. McIlvaine said he wants the hearing continued to Sept. 13 to give him more time to reply to the information requested by the city.

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