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McIlvaine seeking compensation from St. Charles for roof

Published: Thursday, Aug. 7, 2014 12:34 p.m. CDT • Updated: Thursday, Aug. 7, 2014 10:56 p.m. CDT

St. Charles resident Clifford McIlvaine is seeking financial compensation from the city for installing a different style of roof on his house than he wanted.

"We contend that the city didn't have the authority to change the style of the roof," said McIlvaine attorney Philip Piscopo after a hearing Thursday on the case. "It is a unique design. He purchased materials for it."

Kane County Judge David Akemann last year allowed the city of St. Charles to proceed with repairing McIlvaine's property at 605 Prairie St., including correcting an unfinished roof. The city had sued McIlvaine in 2010, pushing him to finish an improvement project that was started more than 30 years ago.

St. Charles hired Absolute Construction and Roofing to install a conventional asphalt roof on the house. McIlvaine wanted to install a foam and steel roof that he had obtained a permit for.

Attorney Phillip Luetkehans, representing the city of St. Charles, expressed frustration after the hearing that several construction vehicles remain on McIlvaine's property as well as construction debris.

"We think that he should have removed or enclosed the construction vehicles by now," Luetkehans said. "He did remove the boom truck. Again, Mr. McIlvaine is showing no urgency to complete anything, just like the original building addition."

McIlvaine was supposed to have removed the construction debris by July 31. Piscopo said the only construction debris that remains is a 16-foot wooden beam, and that it will be removed by Monday.

McIlvaine plans to build a storage facility on his property that will be used in part to store the vehicles.

"I hope to get it up in several weeks," he said.

McIlvaine will be back in court Aug. 19.

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