McIlvaine granted more time in dispute with city of St. Charles

Published: Thursday, Aug. 29, 2013 5:30 a.m. CDT

ST. CHARLES – Kane County Judge David Akemann on Wednesday granted St. Charles resident Clifford McIlvaine more time to determine what was damaged after water leaked into his house in July after a heavy downpour.

Akemann continued Wednesday’s hearing until Oct. 10. 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.

“I’m still trying to get prices on what was damaged,” McIlvaine said after the hearing. He has estimated that between $15,000 and $20,000 worth of electrical supplies and building materials were damaged.

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.

Phil Luetkehans, an attorney for St. Charles, said Wednesday that McIlvaine has a claim against the roofing contractor and its insurance company. The city hired the roofing contractor.

“The city has nothing to do with it,” Luetkehans said. “Our goal is to get the project completed.”

He said the goal is that the work on repairing Mcllvaine’s property will be done before the Oct. 10 hearing. But McIlvaine still has to clean up debris on his property as part of a consent decree, Luetkehans said

McIlvaine also filed a motion seeking removal of an outdoor staircase leading to an attic, stating that it creates a fire hazard. He also said other builders he has spoken with told him they were unaware of any code regulations that would require such a staircase.

Luetkehans has said the staircase was installed for safety reasons because the second-floor room has no means of ingress or egress.

In another motion, McIlvaine said he “suffered years’ worth of loss of money in labor and materials” because the city has not allowed him to install the foam and steel roof that he had obtained a permit for.

He also said he will suffer years’ worth of money losses because the roof is not insulated.

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