Owner asks judge to allow historic Geneva blacksmith shop to be razed
The owner of a circa 1840 former blacksmith shop in downtown Geneva is asking a Kane County judge to remove the building's landmark status and allow its demolition.
Geneva's Historic Preservation Commission recommended in August that the city deny the Shodeen Family Foundation's request to remove a landmark designation from the limestone structure at 4 E. State St. The panel also recommended denial of a petition to demolish the structure.
The city council upheld the denials in September.
Now, the Shodeen Family Foundation wants a judicial review of those denials.
In an Oct. 27 court filing, Shodeen asks for review and reversal of the city's final order "and all related decisions, rulings and orders because they were erroneous and contrary to the governing law and the relevant facts."
On Monday, attorney Ronald Sandack filed the city's response, asking the judge to require Shodeen to be specific about the errors it alleged.
A hearing on Sandack's motion is set for Dec. 20 before Judge Kevin Busch.
Developer Shodeen Inc. created 4 East State Street Holdings, LLC, to purchase the 1.4-acre Mill Race Inn site in 2014, according to property records. Later, the owner was listed as the Shodeen Family Foundation.
Shodeen demolished the portions of the former iconic restaurant on the Fox River that were additions to the original historic limestone structure.
The city designated the former blacksmith shop as a historic landmark in 2018 after Shodeen Inc. applied for a demolition permit, ultimately halting the demolition.
In October 2022, the Shodeen Family Foundation applied to de-designate the historic landmark status and allow the demolition to proceed.
Demolition is allowed only as a last resort if the owner has no other alternatives, according to the city's code.
The issue was disputed between David Patzelt, representing the Shodeens, and various preservationists.
The Historic Preservation Commission held a series of hearing dates between January and July.
Patzelt had testified to the poor condition of the limestone structure, based on architects' analysis for repurposing and restoring the structure.
He even posted a sign on the building in March, stating it is for sale for $1 - land not included - to stress the impossibility of restoring or moving it.
Preservationists Kendra Parzen, advocacy manager for Landmarks Illinois, and Al Watts of Preservation Partners of the Fox Valley had testified to save the old structure.
Landmarks Illinois designated the blacksmith shop as one of the most endangered historic places in the state in 2023 and 2018.
"This circa-1846 blacksmith shop is one of the oldest surviving commercial structures in Geneva, and it's an important structure associated with Geneva's pioneer era," Parzen testified in January.
Watts testified the structure has viable uses - none of which the owners would consider.
"The applicant, as a property owner, has a right to choose what they wish for their property," Watts had testified. "When their property is a historic landmark, it possesses a shared heritage within the community, giving the public a right to weigh in."
Before the city council voted in September, Shodeen attorney Kate McCracken urged council members to support demolition, saying the applicant had exhausted all feasible alternatives. "This structure needs to be demolished," McCracken said.