Frelk v. County of Kendall

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court:

The plaintiffs petitioned for a special use permit to allow them to mine sand and gravel on 43 acres of land located about one mile from the Caterpillar plant on Cannonball Trail south of Aurora. The Kendall County Planning Commission approved the proposed use but the petition was denied by the Zoning Board of Appeals of Kendall County and the Kendall County Board of Supervisors. Subsequently, the circuit court, in an administrative review and declaratory judgment proceeding, held a hearing and ruled that the county zoning…