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COUNTY OF LAKE v. CUSHMAN

No. 75-234.

40 Ill. App.3d 1045 (1976)

353 N.E.2d 399

THE COUNTY OF LAKE et al., Plaintiffs-Appellants, v. CARL W. CUSHMAN, Defendant-Appellee.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed August 17, 1976.

Attorney(s) appearing for the Case

Jack Hoogasian, State's Attorney, of Waukegan (Michael Sieman and William Sachen, Assistant State's Attorneys, of counsel), for appellants.

Carl W. Cushman, of Wauconda, pro se, Adler, Anderson & Merker, of Bloomington, Lewis D. Clarke and Clayton P. Voegtle, both of Snyder, Clarke, Dalziel, Holmquist & Johnson, of Waukegan, for appellee.

Judgment affirmed.

Mr. JUSTICE HALLETT delivered the opinion of the court:

The issue in the case is whether a poultry hatchery is an "agricultural use," or, stated otherwise, whether the County of Lake can under its zoning ordinance prevent the defendant landowner from building a poultry barn on his 3.09-acre lot in view of the express provision of an act relating to county zoning barring any county regulation...

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