McIlvaine court hearing postponed after he hires attorney

Published: Thursday, Dec. 19, 2013 5:30 a.m. CDT

ST. CHARLES – Clifford McIlvaine has hired an attorney to represent him in a decades-old battle with the city of St. Charles over the cleanup of McIlvaine’s property.

McIlvaine was scheduled to appear today in front of Kane County Judge David Akemann. His attorney, Philip Piscopo, of Geneva-based Cooper, Storm & Piscopo, petitioned the court for a continuation of the hearing to give him time to respond to a court document.

McIlvaine had been acting as his own attorney. His hearing has been continued to Feb. 5 and 6 in front of Akemann. A pretrial conference is set for Jan. 22.

City officials are asking permission to remove vehicles, construction materials and rubbish from the outside of Clifford McIlvaine’s house, and move it to a storage facility at his expense.

Officials made the request in a recent court filing. Akemann previously 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.

City officials had asked McIlvaine to remove several items from his property by Oct. 8, including all garbage and debris, all construction materials and all vehicles not parked on an impervious surface.

McIlvaine briefly was jailed in September 2012 when the longtime St. Charles resident refused to comply with city’s plumbing code as part of the home improvement project.

Earlier this year, McIlvaine blamed city officials after water leaked into his house after a heavy downpour in a storm.

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