Union National Bank & Trust Co. v. Board of Supervisors of Kendall County

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

This appeal essentially questions the power of a county to enforce its zoning ordinance in denial of plaintiffs’ right to strip-mine limestone on their property pursuant to a permit issued by the State under the Surface-Mined Land Conservation and Reclamation Act, commonly known as the “Reclamation Act” (Ill. Rev. Stat. 1977, ch. 96/2, par. 4501 et seq., formerly Ill. Rev. Stat. 1975, ch. 93, par. 201 et seq.).

The plaintiffs as owners of 149 acres of agricultural land in Kendall, a non-home-rule county, possess a permit from…