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MEYER MATERIAL CO. v. COUNTY OF WILL

No. 76-234.

51 Ill. App.3d 821 (1977)

366 N.E.2d 1149

MEYER MATERIAL COMPANY et al., Plaintiffs-Appellees, v. THE COUNTY OF WILL, Defendant-Appellant. — (ROBERT E. CLOW et al., Intervening Defendants-Appellants.)

Appellate Court of Illinois — Third District.

Rehearing denied September 19, 1977.

Attorney(s) appearing for the Case

James E. Garrison, State's Attorney, of Joliet, for appellant The County of Will.

William R. Penn, of Joliet, for appellants Robert E. Clow et al.

Marvin J. Glink, of Ancel, Glink, Diamond & Murphy, P.C., of Chicago, for appellant The City of Naperville.

Barry Moss, Village Attorney, and Lyman C. Tieman, both of Bolingbrook, for appellant Village of Bolingbrook.

Louis R. Bertani and Thomas R. Wilson, both of Herschbach, Tracy, Johnson, Bertani & Wilson, of Joliet, for appellee Meyer Material Company.

Judgment reversed.

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

This is an appeal from an order of the Circuit Court of Will County decreeing that a zoning ordinance of Will County is invalid as applied to plaintiff Meyer Material Company property and consequently void as to the plaintiff and, also, finding that a limitation of 80 acres for any one petition for rezoning was also void. The property as to which the validity of the Will County...

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