Regner v. County of McHenry

Clarence and Estelle Regner brought suit in the circuit court of McHenry County, praying for an injunction to restrain the county and its zoning enforcing officer from enforcing a zoning ordinance against their property. The court upheld the validity of the ordinance, and dismissed the complaint for want of equity. Plaintiffs appeal directly to this court on the ground that a constitutional question is involved.

As a nonconforming use, the plaintiffs presently operate a fishing resort, where boats are leased to fishermen in a residential area on the east shore of Pistakee Bay. The bay is a…