County of McHenry v. Sternaman

Defendant operates a sand and gravel pit in McHenry County; in this proceeding he was charged with six violations of the county zoning ordinance. Defendant filed a motion to dismiss the complaint based on the theory that the county zoning ordinance has been preempted by the Environmental Protection Act (Ill. Rev. Stat. 1975, ch. 111½, par. 1001 et seq.) (hereinafter called “EPA”) and therefore the county zoning ordinance no longer applied to defendant’s operations. The trial judge denied defendant’s motion but found that an immediate appeal was indicated for the reason that the order denying…