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COUNTY OF McHENRY v. STERNAMAN

No. 77-225.

63 Ill. App.3d 679 (1978)

380 N.E.2d 540

THE COUNTY OF McHENRY, Plaintiff-Appellee, v. JOHN C. STERNAMAN, d/b/a Illinois Mining Company, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 13, 1978.

Attorney(s) appearing for the Case

Gerald D. Hosier and William L. Niro, both of Hosier, Niro & Daleiden, of Chicago, for appellant.

William J. Cowlin, State's Attorney, of Woodstock (Henry H. Sugden, III, Assistant State's Attorney, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

Defendant operates a sand and gravel pit in McHenry County; in this proceeding he was charged with six violations of the county zoning ordinance. Defendant filed a motion to dismiss the complaint based on the theory that the county zoning ordinance has been preempted by the Environmental Protection Act (Ill. Rev. Stat. 1975, ch. 111 1/2, par. 1001 et seq.) (hereinafter called...

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