Kate Thayer, TribLocal reporter

The man who’s been living on his lawn in Schaumburg won the right Tuesday to a jury trial — apparently the first proceeding of its kind — over whether the village can order his property cleaned up.

John Wuerffel will represent himself during the trial on Thursday regarding numerous ordinance violations and code infractions. The decision to allow a jury trial — which was supposed to begin Tuesday — surprised village officials.

Village Prosecutor Elmer Mannina said it’s the first time for Schaumburg that such a municipal matter will be tried by a jury, and that initially caused confusion among all involved.

“I have never had a village ordinance go to a jury. I don’t think anybody in this building has,” Mannina said, referring to the Rolling Meadows Courthouse.

The village is asking the court to allow the cleanup of Wuerffel’s property in the 1400 block of Hampton Lane, which is littered with cars and garbage. Judges have granted two such orders since 2008.

Wuerffel, 62, is fighting the cleanup because he doesn’t want the village to take away his cars and other property.

But jurors won’t decide the central issue — the cleanup. Instead, jurors will only have the power to determine guilt and impose a fine. Associate Judge Hyman Riebman will decide whether the village should conduct another cleaning, regardless of the jury’s decision, Mannina said.

“It’s possible we could have two inconsistent verdicts,” he said.

Wuerffel started sleeping in his van in the driveway of his home after HSBC Mortgage Corp. locked him out of his home as part of a foreclosure process. The lock was removed last week as the foreclosure is delayed, but Wuerffel continues to live outside because his home has no utilities.

Officials are seeking a cleanup of the yard because of code violations and neighbor complaints. Village officials might also try to clean the inside of the house, which photographs show is packed floor-to-ceiling with recyclable items.

Mannina objected to Wuerffel’s request for a jury because the case is not a criminal matter, but Riebman did not agree. Wuerffel is not entitled to a public defender because jail is not a possible outcome of the case. 

“I think he’s hoping he has one person (on the jury) who is sympathetic,” said Doug Jones, Schaumburg building supervisor.