Freesen, Inc. v. County of McLean

This appeal by the Village of Downs (Village) arises from an order of the circuit court of McLean County granting plaintiffs motion for summary judgment and holding the McLean County zoning ordinance prohibiting plaintiffs use of land for an asphalt plant was unreasonable and arbitrary and bears no reasonable relation to public health, safety, morals, or welfare. Because relief was granted by summary judgment, it necessarily follows that the trial court decided there was no existing question of fact. See Smith v. Rengel (1981), 97 Ill. App. 3d 204, 206, 422 N.E.2d 1146, 1148.

Plaintiff…