ROCKFORD BLACKTOP CONSTRUCTION COMPANY v. County of Boone

Defendant, the County of Boone (County), appeals the judgment of the circuit court which enjoined it from enforcing against plaintiffs’ property the five-year limitation on special-use permits issued pursuant to section 20 of the zoning ordinance of Boone County (zoning ordinance) (Boone County, Ill., Zoning Ordinance § 20 (1984)). The sole issue for review is whether the trial court erred in finding section 20 invalid on the basis that the five-year limitation is arbitrary, capricious, and an unreasonable exercise of the County’s police powers.

Plaintiffs, Rockford Blacktop Construction…