TOWN OF SERENA v. KELLY

No. 3-98-0944.

724 N.E.2d 543 (2000)

311 Ill. App.3d 344

243 Ill.Dec. 944

The TOWN OF SERENA, a body politic, Plaintiff-Appellee, v. Scott KELLY and National Bank and Trust Company, a trustee under the provisions of a trust agreement known as Trust No. 10-2378-00, Defendants-Appellants.

Appellate Court of Illinois, Third District.

January 25, 2000.


Attorney(s) appearing for the Case

Daniel J. Kramer (argued), Law Office of Daniel J. Kramer, Yorkville, for Scott Kelly and National Bank and Trust Company.

Paul V. Martin (argued), Hupp, Lanuti, Irion & Martin, P.C., Ottawa, for the Town of Serena.


Justice HOLDRIDGE delivered the Opinion of the Court:

The Township of Serena sought to enjoin the defendants' gravel mining operation, arguing that the activity was not a permitted use of the subject property under the Serena zoning ordinances. After a hearing on the parties' cross-motions for summary judgment, the trial court ruled against the defendants and in favor of Serena. Following our careful review, we reverse the trial court's grant of summary judgment to...

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