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FRELK v. COUNTY OF KENDALL

No. 75-10.

44 Ill. App.3d 253 (1976)

357 N.E.2d 1325

CALVIN FRELK et al., Plaintiffs-Appellees, v. THE COUNTY OF KENDALL et al., Defendants-Appellants.

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

Opinion filed November 30, 1976.

Attorney(s) appearing for the Case

Dallas C. Ingemunson, State's Attorney, of Yorkville, Stanley R. Stiles, and Tyler, Peskind & Solomon, both of Aurora, for appellants.

Puckett, Barnett, Larson, Mickey, Wilson & Ochsenschlager, of Aurora, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court:

The plaintiffs petitioned for a special use permit to allow them to mine sand and gravel on 43 acres of land located about one mile from the Caterpillar plant on Cannonball Trail south of Aurora. The Kendall County Planning Commission approved the proposed use but the petition was denied by the Zoning Board of Appeals of Kendall County and the

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