County of Lake v. Semmerling

I respectfully dissent.

The question in this case is not exemption or nonexemption of township highway commissioners in the Counties Act, as opined by the majority. The question is exclusive authority or nonexclusive authority which results in preemption. See Village of Oak Brook v. County of Du Page (1988), 173 Ill. App. 3d 490, 494, 527 N.E.2d 1066.

I agree with the majority that there is no specific exemption for township highway commissioners set forth in “An Act in relation to county zoning” (Ill. Rev. Stat. 1987, ch. 34, par. 3151) and that there is no exemption in that statute preventing…