The city of McHenry has taken legal action that could give the city ownership of the former Just For Fun Roller Rink property that burned almost all the way to the ground earlier this year in an alleged arson.
The city filed a lawsuit in McHenry County court last month seeking to have the Route 31 property declared abandoned and to have its title transferred to the city.
The lawsuit named Wade Cepulis and other members of the Cepulis family as defendants, because they are beneficiaries of the property owner, a trust associated with Aldona B. Cepulis. She was the proprietor of Just For Fun for more than 47 years, according to her 2002 obituary published in the Chicago Tribune.
Attempts to reach the Cepulis family for comment were not successful. An attorney has not yet filed an appearance on their behalf, court records show.
The city claims in the lawsuit that the rubble and remains of the structure that have not been removed since the May blaze make the parcel unsafe, alleging it “impairs public health.”
The property’s real estate taxes have gone unpaid for years, according to the lawsuit, and it has outstanding water and sewer service bills due to the city since July 2020.
McHenry County records obtained by the Northwest Herald show almost $195,000 in unpaid property taxes since 2016 as of last month. That amount is set to continue growing because of interest, according to officials in the county treasurer and clerk’s offices.
The city filed the suit after a 4-3 majority of the McHenry City Council, with Mayor Wayne Jett serving as the tiebreaking vote, rejected a Wisconsin developer’s proposal to erect a 50-unit apartment building that would have housed low- and middle-income residents.
The council majority turned down the housing proposal because it felt the property could be used in a commercial manner that may generate more tax revenue for the city than a residential use.
Jett said the property’s commercial appeal will be enhanced if the city can facilitate the removal of the parcel’s remaining, fire-ravaged structure and ensure it meets state environmental laws ahead of a developer’s acquisition.
Immediately following the rejection of the housing proposal, the mayor said he was prepared to pursue litigation geared toward taking over the property’s ownership on behalf of the city government.
Two 14-year-old boys from McHenry were charged in connection with the fire. One was charged with arson, burglary and criminal damage to property, while the other faced a criminal trespass to property allegation, according to a news release at the time.
McHenry County State’s Attorney Patrick Kenneally has declined to comment on the case, citing restrictions about speaking about juvenile matters.
The city’s lawsuit is scheduled to be heard in court in February.