McIlvaine v. The City of St. Charles

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2015 IL App (2d) 141183
Decision Date: 
Wednesday, September 23, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
City repaired Plaintiff's property, which is improved with a residence, by removing partial roof, a one-of-a-kind specialty roof, and installing a shingle roof that property owner did not repair or authorize. City's repair was within its police powers and was not a "taking" under article I, section 15, of Illinois Constitution. City's police power is not limited to remediation of dangers that imperil the public generally, but extends even to dangers that affect only those directly connected to the property. Repairs under Section 11-1-31 of Illinois Municipal Code are not required to be made according to owner's dictates and tastes.(SCHOSTOK and SPENCE, concurring.)