County of Lake v. Cushman

The issue in the case is whether a poultry hatchery is an “agricultural use,” or, stated otherwise, whether the County of Lake can under its zoning ordinance prevent the defendant landowner from building a poultry bam on his 3.09-acre lot in view of the express provision of an act relating to county zoning barring any county regulation, other than set back, of structures used or to be used for “agricultural purposes.” The trial court held that it could not. We agree and affirm.

On August 13, 1974, the defendant Carl W. Cushman applied for a permit for the construction of a poultry bam on a…