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COUNTY OF KENDALL v. AVERY GRAVEL CO.

No. 82-504.

112 Ill. App.3d 783 (1983)

445 N.E.2d 924

THE COUNTY OF KENDALL, Plaintiff-Appellee, v. AVERY GRAVEL COMPANY, INC., et al., Defendants-Appellants. — (Gordon Fletcher et al., Intervenors-Appellees.)

Appellate Court of Illinois — Second District.

Opinion filed February 15, 1983.

Attorney(s) appearing for the Case

Roy J. Solfisburg, Jr., and Noel C. Davis, both of Banbury, Banbury & Davis, of Aurora, for appellants.

Patrick M. Flaherty, William C. Murphy, and Patrick M. Kinnally, all of Reid, Ochsenschlager, Murphy and Hupp, of Aurora, for appellees.

Affirmed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiff, Kendall County, filed a complaint for declaratory judgment and sought injunctive relief to prevent defendants, Avery Gravel Company, Inc., their officers, directors, and shareholders, and the legal titleholders to the subject property, from crushing, grading, or washing any stone mined at the site where they were operating a

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