County of Kendall v. Avery Gravel Co.

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 Vale, Irving Hauge, Geraldine Hauge, and T. W. Shaw are interested parties who intervened on behalf of Kendall County. The Averys’ motion to dismiss was denied by the circuit court of Kendall County, and the trial judge allowed the Averys to take an interlocutory…