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AM. SMELT. & REFIN. CO. v. COUNTY OF KNOX

Nos. 46595, 46596.

60 Ill.2d 133 (1974)

324 N.E.2d 398

AMERICAN SMELTING & REFINING COMPANY, Appellee and Cross-Appellant, v. THE COUNTY OF KNOX et al., Appellants and Cross-Appellees. — AMERICAN SMELTING & REFINING COMPANY, Appellee, v. THE COUNTY OF PEORIA et al., Appellants.

Supreme Court of Illinois.

Rehearing denied March 24, 1975.

Attorney(s) appearing for the Case

Burrel Barash, of Barash & Stoerzbach, of Galesburg, for appellants and cross-appellees.

James T. Otis, Robert A. Creamer, and Price, Cushman, Keck, Mahin & Cate, all of Chicago (Thomas G. West, Stuart, Neagle & West, Wayne L. Hanold, and Westervelt, Johnson, Nicoll & Keller, all of counsel), for appellee and cross-appellant.

Michael M. Mihm, State's Attorney, of Peoria (James O. Christy, Assistant State's Attorney, of counsel), for appellants.

James T. Otis, Robert A. Creamer, and Price, Cushman, Keck, Mahin & Cate, all of Chicago (Thomas G. West, Stuart, Neagle & West, Wayne L. Hanold, and Westervelt, Johnson, Nicoll & Keller, all of counsel), for appellee.

Reversed in part and remanded. Judgment affirmed.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

The primary issue presented is whether the reclamation of strip-mined land is exclusively governed by the Surface-Mined Land Conservation and Reclamation Act (hereafter Reclamation Act) (Ill. Rev. Stat. 1971, ch. 93, pars. 201 through 216) or whether additional requirements may be imposed by counties pursuant to their zoning power. We granted motions...

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