Elmhurst-Chicago Stone Co. v. County of Kane

The defendant County and defendant property owners, as intervenors, appeal from the granting of a judgment which declared that plaintiff may use its property for the mining of gravel, sand and stone, including the erection, installation and use of necessary structures and equipment in that connection. The court found that the refusal of the County to issue a special permit for the use sought, and the pertinent zoning ordinance as applied to plaintiff’s property, were invalid. The County was also ordered to issue the special-use permit.

Defendants attack the judgment order on the basis that it…