Cary Dairy has permanently closed with the owner blaming “harassment” by the Village of Cary, which sued the ice cream shop in a dispute ongoing since 2021 over a sign ordinance violation.
Cary Dairy Ice Cream Cafe officially closed its location at 395 Cary Algonquin Road in Cary late last month following a several year-long dispute with the village.
“For those who aren’t aware, the Village of Cary has had an active lawsuit against Cary Dairy since April 2023. During this time, we’ve welcomed two additions to our family, explored second locations, and hoped to continue growing our brand while serving the community we love,” a piece of paper posted to a window on the business said.
“That’s all we have ever wanted since opening in January 2021. Unfortunately, all of these exciting events and goals have been overshadowed by this lawsuit, continuous harassment from the Village from before we ever sold our first scoop, increasing regulation and rising costs,” the note said.
“Thank you for the support, encouragement, and kindness you’ve shown our family and our business. But we are exhausted. We can no longer carry the weight of this ongoing stress on both our business and our family,” the note added.
The owners, Randy Scott and Meredith Scott, said it was their pleasure serving the community after “five wonderful years.”
The Village of Cary previously said that the business installed a sign in late August 2021 that violated a village ordinance because it exceeded the permitted size by over 400%.
The village said that Cary Dairy Ice Cream Cafe violated Section 14.5.7.1, which says “window signs may cover 20 percent of the window on which the sign shall be located.”
Following the installation of the sign, the village issued multiple notices in late 2021 and early 2022 to Cary Dairy that they were violating the ordinance and requested corrective action, the village said in a prior statement.
The village issued its first citation to Cary Dairy in July 2022 and the shop owner did not appear for the village’s administrative hearing and was found liable for a $750 fine.
A second citation was issued one month later and the owner also did not appear at that hearing. They were found liable for an increased fine of $1,500.
The village cited Cary Dairy for a third time “in a final attempt to secure compliance” in October 2022.
The owner did not appear at the hearing and was found liable for a $3,000 fine.
In all three citations, “the maximum fine would have been many thousands of dollars more for each day Cary Dairy was in violation,” the village said.
The village filed a lawsuit in McHenry County Circuit Court in March 2023 against Crowley Family Farm LLC – which owns Cary Dairy – asking the court to order the business to comply and for the village to conduct inspections at the property for compliance.
The village said in the civil complaint that the sign posed a “grave threat to the life and safety of the community” and “immediate action is necessary to ensure the health, safety, and welfare of the community is protected to the greatest extent possible.”
“The Village of Cary continues to want our businesses to succeed and benefit the community as a whole, including the Cary Dairy. However, in fairness to other businesses who voluntarily comply with our regulations, the Village of Cary is taking this corrective measure with the desire of satisfactorily addressing the violation,” the village said.
Dozens of community members expressed resentment toward the village on social media.
“What a complete waste of taxpayer money, embarrassing to say the least. How about dimming the blinding light shining so brightly on the new Cary sign along [Route] 14, distracting drivers,” a woman said in 2023 when the legal action was announced.
“That’s a pretty steep fine,” another woman said. “If the Village of Cary ‘truly’ wants any local business owners to succeed, lower the fine.”
“Voluntarily dismiss and move on. The people have spoken and you’ve lost in the court of public opinion. Don’t mess with our ice cream!” a man said.
McHenry County Judge Kevin Costello ruled in July that Cary Dairy violated the sign ordinance and issued a default judgment after Scott failed to appear at the hearing.
The judge ruled that Scott had 60 days to remove the sign and pay $4,780 in fines. Scott later filed a motion saying he experienced a family crisis, which caused him to miss the hearing.
The case continued this year and the village filed a request, which was granted by a judge, for them to enter the property to remove the sign, which remained. The closure came shortly after the judge ruled in the village’s favor.