The village of Elburn has dropped its case against the owner of a massage parlor. Elburn had charged Xiaomei-Feng Castro with operation of an unpermitted business and a bench trial had been scheduled for Friday. But village attorney Brian O'Connor said the village has decided not to proceed with prosecuting the violation.
"Our building commissioner went to the property, and the premises now comply with the village's zoning ordinance," O'Connor said after the court hearing.
O'Connor said having a stand-alone massage parlor is not permitted in that business district. But he said a massage parlor is permitted in connection with another business.
It appears that the business, Asian Massage and Body Works, 151 E. Route 38, is now also being used as a tanning salon. Tanning equipment is now in place at the business and operational, he said.
Meanwhile, the building's landlord must pay Elburn restitution, according to Kane County court records.
Elburn Building Commissioner Thomas Brennan filed complaints in July against the landlord and Castro, because the village’s zoning code did not permit an adult massage parlor in that business district.
The use of the property changed from a tanning and nail salon to a massage facility after April 1, according to the complaint.
Representatives for the landlord, Nevada company Redoaks, did not appear in court last month, records show.
The village was granted a motion for default judgment, which village attorney Brian O’Connor described as standard procedure.
Elburn asked that Redoaks pay for Brennan’s time enforcing the matter as well as the village’s attorney fees, according to records.
Records indicate Redoaks must pay $2,655 in costs and fines, including $1,765 in restitution.