Village of Caseyville v. Cunningham

Defendants, Stephen, Charles and Mary Cunningham, appeal from a judgment of the circuit court of St. Clair County granting plaintiff, the village of Caseyville, a permanent injunction against defendants. Defendants were enjoined from violating an ordinance which prohibited operation of defendants’ refrigerated truck during certain hours in certain areas.

Defendants contend the Illinois Environmental Protection Act preempted the area of noise control and that the ordinance is invalid. They claim the injunction granted the village was improper and that defendants should have been granted an…