Shodeen fines snowball to more than $41K for blacksmith shop

With fines over its property code violation ratcheting up to $41,250 – as of Dec. 10 – developer Shodeen filed a new court action to undo the city of Geneva’s effort to make a former blacksmith shop “weather tight.”

This is the second complaint the Shodeen Family Foundation and Mill Race Land Company LLC, as owners of 4 E. State St., filed over the city’s enforcement effort, court records show.

In this latest volley of legal pingpong, Shodeen is asking a judge to reverse a hearing officer’s ruling that the developer indeed violated the city’s property code and to dismiss the fine of $27,000.

At least, that is what it was at the time on Nov. 21.

Hearing officer Victor Puscas ruled in favor of the city, that the fine stands “with no just reason to delay enforcement or appeal.”

At $750 per day, the fine has since grown to $41,250.

City attorney Ronald Sandack stated at a past adjudication hearing that all Shodeen had to do was fasten a tarp over the top to be in compliance.

And that’s a non-starter, as far as David Patzelt, president of the Shodeen Group, is concerned.

“At this point, we need to sort out what the city is trying to accomplish by filing these fines and the summonses,” Patzelt said. “At this point, we are not providing any tarp.”

Mayor Kevin Burns said absent a plan for redevelopment, the city has to enforce its property maintenance code.

“Regarding the fines imposed, we are and remain resolute in simply asking for the structure to be made weather tight until a redevelopment plan is submitted for consideration,” Burns said. “In the absence of a plan or compliance with our property maintenance standards, we are left with little recourse but to assess fines until compliance is reached.”

Also on Dec. 10, Kane County Circuit Judge Elizabeth Flood ordered that the two complaints be consolidated; that Shodeen has until Feb. 11 to file an amended complaint; and that parties are to appear in court March 18, 2025.

At issue is an historic circa 1843 limestone blacksmith shop in the 1.4-acre property at the southwest corner of Illinois Routes 38 and 25. The owners demolished other structures on the site, including an iconic restaurant known as the Mill Race Inn.

Previously, Shodeen sought to remove the blacksmith shop’s historic landmark status and pursue demolition so the property could be redeveloped.

The Historic Preservation Commission and the City Council denied the requests.

Shodeen argued that it was too costly to restore the limestone structure, while preservationists insisted that the developer was unwilling to pursue other viable options.

Burns said officials remain hopeful they can work with the developer towards “a reimagined downtown anchor development ... with no more wasteful spending of each other’s resources on uncessary litigation.”

“The city has been crystal clear with our friends at the Shodeen Family Foundation and Mill Race Land Company by expressing our eagerness in receiving a redevelopment proposal that helps advance restoration of this vitally important piece of land along the riverfront,” Burns said. “Our overarching goal is not to collect money, but to create momentum on the site in question.”