The locally owned ice cream shop Cary Dairy abruptly closed Thursday, the same day a judge granted permission for the village to remove a sign they claim has been violating its ordinance for years.

The village has been in a legal fight with the ice cream shop owner, Randy Scott, for years over the village’s sign ordinances. In a lawsuit filed in 2023 in McHenry County court, the village claimed a sign on one of Cary Dairy’s windows is 400% larger than allowed. Multiple notices and citations totaling $5,250 in fines over two years were issued by the village before it went to court over the matter.

McHenry County Judge Kevin Costello found in 2024 that Scott violated the sign ordinance. It was a so-called default judgment after Scott failed to appear at a hearing, according to court records.

A month after the default judgment, Scott filed a motion claiming he didn’t appear in court “due to a family crisis.” He ultimately paid the $4,780 judgment nearly a year later, records show.

But litigation continued, as the attorney representing the village, Carlos Arévalo, maintained the sign still wasn’t in compliance with the ordinance.

Earlier this month, Arévalo filed a motion requesting court approval to enter the “property and take any and all steps necessary to remove the sign.” Costello granted approval Thursday morning.

Seemingly hours later, Cary Dairy permanently closed.

A notice posted on the doors of the ice cream shop, at 395 Cary Algonquin Road, indicated the lawsuit was a top reason for the closure. According to the notice, Scott had previous looked to expand the business with a second location.

“Unfortunately, all of these exciting events and goals have been overshadowed by this lawsuit, continuous harassment from the village from before we ever even sold our first scoop, increasing regulation and rising costs.”

The sign continued: “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.”

Village Community Development Director Brian Simmons said he and another village employee went to the store Thursday for an inspection to confirm the sign was still on the window. At that time, Cary Dairy was still open.

It wasn’t until later in the afternoon that the village caught wind of the shop closing. Scott did not officially notify the village of the decision, Mayor Mark Kownick said.

“We were completely taken aback,” he said.

Kownick said the village does not have the authority to close the business, and that Scott closed it “on his own accord.”

Village officials also pushed back on Scott’s statement of “continuous harassment by the village.”

“Time and time again,” the village offered Scott the chance to go through its Zoning, Planning and Appeals Commission to request a variance for his sign, Kownick said.

“We worked over eight months with him, not even talking about fines or citations,” Village Administrator Erik Morimoto said, “just in the spirit of working with our businesses for compliance.”

Scott could not be reached for comment Friday.

The village said Cary Dairy violated Section 14.5.7.1 of local ordinances, which says “window signs may cover 20% of the window on which the sign shall be located,” according to court documents.

“The regulations are designed to establish and maintain consistent, appropriate, attractive signage across the village which respects the interests of all business owners and residents of the community,” according to a previous village news release.

Scott, a former firefighter for the Cary Fire Protection District, ran against Kownick during last year’s mayoral election. Kownick won in a landslide and is currently serving his fourth term.

Scott also has a pending misdemeanor charge of obstructing a police officer, filed against him in 2024, McHenry County court records show. Scott has pleaded not guilty and is representing himself in the case. His next court date is Sept. 24.