By Charles Keeshan | Daily Herald StaffContact writer
Lakemoor resident Tina Asmus last year was cited by the village for having planters made from old toilets in her yard.
PAUL VALADE | STAFF PHOTOGRAPHER
Published: 2/3/2010 11:18 AM | Updated: 2/3/201 11:19 AM
A McHenry County judge Wednesday refused to throw out a nuisance charge against a Lakemoor woman using two old toilets and a bathroom sink as front yard planters, rejecting arguments the village was applying its rules too broadly.
The decision by Judge Michael Caldwell moves Tina Asmus closer to a trial showdown with the village over whether the old bathroom fixtures are constitutionally protected artistic expression, as she maintains, or old junk that belongs in a landfill, not a front yard.
In his decision, Caldwell said whether the village is applying its nuisance ordinance unconstitutionally is a fact issue
|Liveleak on Facebook|