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FREESEN, INC. v. COUNTY OF McLEAN

No. 4-93-0606.

630 N.E.2d 1252 (1994)

258 Ill. App.3d 377

197 Ill.Dec. 128

FREESEN, INC., Plaintiff-Appellee and Cross-Appellant, v. The COUNTY OF McLEAN and The County Board of McLean County, Illinois, Defendants (The Village of Downs, Defendant-Appellant and Cross-Appellee).

Appellate Court of Illinois, Fourth District.

Decided March 3, 1994.

Rehearing Denied April 18, 1994.

Attorney(s) appearing for the Case

Mercer Turner (argued), Law Office of Mercer Turner, P.C., Bloomington, for appellant.

Larry D. Kuster, Rammelkamp, Bradney, Dahman, Kuster, Keaton, Fritsche, Jacksonville, Robert J. Lenz, Bloomington, Edward J. Kionka (argued), Southern Illinois University School of Law, Carbondale, for appellee.

Justice LUND delivered the opinion of the court:

This appeal by the Village of Downs (Village) arises from an order of the circuit court of McLean County granting plaintiff's motion for summary judgment and holding the McLean County zoning ordinance prohibiting plaintiff's use of land for an asphalt plant was unreasonable and arbitrary and bears no reasonable relation to public health, safety, morals, or welfare. Because relief was granted by summary judgment, it...

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