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Attorney: ‘Big step forward’ on McIlvaine case

Published: Friday, April 11, 2014 11:41 p.m. CST • Updated: Saturday, April 12, 2014 6:34 a.m. CST

GENEVA – The city of St. Charles has reached an agreement with Clifford McIlvaine on what needs to be completed or removed on his property as part of his decadeslong home improvement project.

The agreement was announced Friday during a court hearing with Kane County Circuit Judge David Akemann.

“Mr. McIlvaine finally has direction from the city on what needs to be done and when it needs to be done,” McIlvaine attorney Philip Piscopo said after the hearing. “It is a big step forward.”

The agreement calls for McIlvaine to be finished with the electrical work, as well as exterior trim painting, by May 15. He will be allowed to keep all his commercial vehicles on his property except for his boom truck, as long as they are kept on impervious surfaces and screening is added by the end of June.

McIlvaine disagreed with the city’s definition of commercial vehicles, but agreed to the request.

In addition, McIlvaine will be able to keep the brick piles on the property until 2018 as long as they are piled neatly and covered by a tarp. City officials will be inspecting the brick piles Monday, and the two sides are set to appear in front of Akemann again Wednesday.

“We want it condensed into a neat pile,” said attorney Phillip Luetkehans, who represents the city of St. Charles.

McIlvaine said he plans to construct a lean-to structure to store the bricks and vehicles.

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

The city has agreed to waive the $100 a day fines from now until July. The project was supposed to be completed by the end of September 2012, according to the order.

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