Blankenship v. County of Kane

Plaintiffs, certain property owners, brought this action seeking a declaration that a special use ordinance was invalid, and an injunction against defendants’ development of property pursuant to that ordinance. Plaintiffs now appeal the trial court’s dismissal of their complaint on the ground of laches.

In September of 1969 the Kane County board of supervisors enacted an ordinance granting a special use for a restricted landing area to be developed in the northwest comer of Kane County. In April of 1979 this suit was filed by plaintiffs challenging the validity of the ordinance by raising…