The West Chicago family whose backyard greenhouse ran afoul of city officials — leading to $20,000 in fines — are not giving up their fight to keep it.
Dan and Jody Bovey are asking DuPage County Judge Brian Chapman to reconsider his Aug. 22 decision to deny their request he overturn a $20,000 judgment against them issued by the city’s administrative law judge.
The Boveys learned of the ruling Sept. 16, and filed their motion to reconsider Sept. 21. The next court date is Oct. 29.
Dan Bovey said in an email interview they are disappointed the judge issued his decision without first conducting a hearing.
“His ruling restated the false narrative presented by the city, and did not take into account the evidence we presented to refute the false and misleading statements made by the city,” Bovey wrote.
The motion to reconsider asks Chapman to look again at the documents the Boveys submitted, including those indicating the greenhouse passed foundation, plumbing and electrical inspections. It also asks the court to consider that the administrative law judge is paid by the city, and that he contributed to the campaign of the mayor.
Bovey contends in the motion that the administrative law judge has incentive to rule in favor of the city.
“If judges in the circuit court refuse to consider the possibility of unlawful action by West Chicago’s Community Development department, then unscrupulous officials will be unrestrained to continue misusing the code violation and permitting process to deny the lawful rights of any resident against which they harbor prejudice or animus,” Bovey wrote.
Bovey began building the greenhouse in December 2020. He let the building permit lapse in 2021, but obtained a new one in 2022. The city says the greenhouse then failed inspections and the permit lapsed.
In September 2023, the city charged Bovey with one count of nonconformance with an application for a building permit, and one count of failure to obtain a subsequent building permit upon expiration of a permit.
The city contends the greenhouse is a more elaborate and expensive building than what Bovey indicated on the initial building permit application.
City Administrator Michael Guttman declined to respond to Bovey’s allegations, including those about the administrative law judge.
“City officials do not comment on matters of pending litigation,” Guttman wrote in an email.
“(The city) remains committed to working with the property owners to bring the greenhouse project to completion,” he added.
Bovey said the greenhouse needs about 20 more hours work to be complete.