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UNION NAT'L BK. & T. v. BD. OF SUPERVISORS

No. 77-158.

65 Ill. App.3d 1004 (1978)

382 N.E.2d 1382

UNION NATIONAL BANK AND TRUST COMPANY, Trustee, et al., Plaintiffs-Appellants, v. THE BOARD OF SUPERVISORS OF KENDALL COUNTY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed November 27, 1978.

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 Reid, Ochsenschlager, Murphy & Hupp, of Aurora, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

This appeal essentially questions the power of a county to enforce its zoning ordinance in denial of plaintiffs' right to strip-mine limestone on their property pursuant to a permit issued by the State under the Surface-Mined Land Conservation and Reclamation Act, commonly known as the "Reclamation Act" (Ill. Rev. Stat. 1977, ch. 96 1/2, par. 4501 et seq., formerly...

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