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COUNTY OF KENDALL v. AVERY GRAVEL CO.

No. 58257.

101 Ill.2d 428 (1984)

463 N.E.2d 723

THE COUNTY OF KENDALL et al., Appellees, v. AVERY GRAVEL COMPANY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied June 4, 1984.

Attorney(s) appearing for the Case

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

Dallas C. Ingemunson, State's Attorney, of Yorkville, and William C. Murphy and Patrick M. Flaherty, of Reid, Ochsenschlager, Murphy & Hupp, of Aurora, for intervenors-appellees.

Judgments reversed; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

On June 3, 1981, plaintiff, Kendall County, filed a complaint for declaratory judgment to prevent defendant Avery Gravel Company from crushing, grading or washing limestone mined at defendants' strip mine. The strip mine was owned and operated by two brothers, defendants Clyde and William Avery. Gordon Fletcher, Barbara Fletcher...

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