September 07, 2024
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Judge orders Cary Dairy to remove sign, pay about $5,000 in fines

Cary Dairy has until Sept. 26 to change window sign village said was 400% too big

By Michelle Meyer
The Cary Dairy window sign is now covered, which owner Randy Scott says is in compliance.

The Cary Dairy window sign is now covered, which owner Randy Scott says puts him in compliance. But the court is ordering him to remove the sign and pay fines. (Michelle Meyer)

A McHenry County judge has ordered Cary Dairy ice cream shop to pay fines and follow the village of Cary’s sign ordinance after a yearslong dispute.

Cary Dairy, located at 395 Cary Algonquin Road, installed a sign in 2021 that violated the village’s ordinance because it was 400% larger than the allowed size, according to a 2023 village news release. The village issued multiple notices and citations totaling to $5,250 in fines over two years and filed legal action in McHenry County court in March 2023.

A McHenry County judge ordered Cary Dairy ice cream shop to pay fines and follow the village of Cary’s sign ordinance after a years-long dispute. A window sign - not the marquee sign shown here - was the cause of the dispute.

A McHenry County judge ordered Cary Dairy ice cream shop to pay fines and follow the village of Cary’s sign ordinance after a years-long dispute. A window sign - not the marquee sign shown here - was the cause of the dispute. (Michelle Meyer)

McHenry County Judge Kevin Costello recently found that Cary Dairy owner Randy Scott violated the sign ordinance. It was a so-called default judgment after Scott “failed to appear” at a hearing, according to court records.

Scott has 60 days to remove the sign and pay $4,780 in daily fines from March 2023 to this month. Costello ordered the village and Scott to return to court for an update on the matter on Sept. 26, according to court documents. The court also authorized the village to remove any violating signs from the ice cream shop if Scott does not comply after the 60-day deadline.

As soon as he found out the sign was an issue, Scott covered the sign with a tarp, which he says is now in compliance. He said he became aware of the violation after receiving the third notice. Scott said changes in the ordinance code created confusion.

“There’s more to the story,” he said. “But the last thing I want to do is prolong this.”

The village said Cary Dairy violated Section 14.5.7.1, which says “window signs may cover 20% of the window on which the sign shall be located,” according to court documents.

“The regulations are designed to establish and maintain consistent, appropriate, attractive signage across the village which respects the interests of all business owners and residents of the community,” according to the release.

The village cannot comment because the case is still ongoing, Cary Village Administrator Erik Morimoto said.

Scott announced his intention to run for mayor in next year’s local election. He decided to get involved with local politics after his experiences with opening the business let him see “behind the curtain” of how the village operates. Scott said he was disappointed the village reacted to a new local business in that way rather than looking to work with them.

“I want to focus on being a dad and a business owner, not navigating the courts,” he said.

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