Judge wants St. Charles to submit list in Mcllvaine case

Published: Thursday, Feb. 6, 2014 7:25 p.m. CDT • Updated: Friday, Feb. 7, 2014 6:35 a.m. CDT

GENEVA – The city of St. Charles will have to submit to Kane County Judge David Akemann a list of items that need to be completed or removed at Clifford Mcllvaine’s property.

Akemann made the request during a hearing Thursday on the case. Akemann previously allowed the city of St. Charles to proceed with the repairing of Mcllvaine’s property at 605 Prairie St., including correcting an unfinished roof.

The city also will have to show why the items need to be completed or removed. Akemann is set to make a ruling on the list of items at the next court hearing on March 18.

Mcllvaine attorney Philip Piscopo said he was happy to hear the judge’s request.

“They have never been clear of what they expected of Mr. Mcllvaine,” Piscopo said.

The city sued Mcllvaine in 2010, pushing him to get the decades-long home improvement project finished, and a work schedule later was agreed upon in court. Mcllvaine was briefly jailed in 2012 when he refused to comply with the city’s plumbing code as part of the project.

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

“They are trying to take the property maintenance code and make him comply to it, regardless of whether it has to do anything with the construction activity,” he said in addressing Akemann.

Attorney Phillip Luetkehans, representing the city of St. Charles, told Akemann that Mcllvaine has been in contempt of court for 18 months.

“Judge Mueller (previously assigned to the case) ruled that he would be in contempt of court until he finished the project,” Luetkehans said. “We want him to comply with the consent decree. That’s all we are asking for. I don’t him in jail. What I want is the project finished, and that’s what the city wants.”

The project was supposed to be completed by the end of September 2012, according to the order.

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Jan Schlictmann at a Geneva law firm.

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