Commonwealth Edison Co. v. County of Lake

Defendants, County of Lake (county) and Robert Streicher, director of the Lake County building and zoning department, appeal from an order of the circuit court granting summary judgment in favor of plaintiff, Commonwealth Edison Company. Defendants raise one issue on appeal: whether the public utility exemption of “An Act in relation to county zoning” (County Zoning Act) (Ill. Rev. Stat. 1987, ch. 34, par. 3151) excepted plaintiff’s proposed land division which violated Lake County’s zoning ordinance by creating a nonconforming lot. We reverse.

On June 9, 1988, plaintiff filed a suit for…