County of Knox ex rel. Masterson v. Highlands

Nos. 86891, 87002 (Ill. December 2, 1999)

ELR Digest

The court upholds the determination of appellate and circuit courts that a county may assert zoning authority over a company seeking to construct a large-scale hog confinement facility only so far as to require it to conform to building or set back lines. The company filed suit for injunctive and declaratory relief after the county canceled the company's construction permit. The lower courts granted the company's motions for summary judgment, and the county appeals. The court first holds that the appellate court correctly upheld the circuit court's power to hear the company's claim for injunctive relief. In its claim for injunctive relief, in which it sought to enjoin the county from enforcing its zoning rules, the company attacked the county zoning board's jurisdiction. This is a question of law ultimately for a court and not for the board. Thus, the company's claim fell within established exceptions to the exhaustion of administrative remedies doctrine. The court next upholds the lower courts' finding that the company was engaged in an agricultural purpose and, therefore, was exempt from zoning regulations under the county code. It is clear that hog facilities fall within the meaning of agriculture or animal husbandry. The hog confinement facility, therefore, falls within the agricultural purposes exemption of the zoning regulation, except for conforming to building or set back lines. The court rejects the county's claim that the facility is more closely related to industry rather than agriculture. Determining the point at which a hog production facility ceases to be agricultural and becomes industrial is an exercise for the legislature, not the courts.

The full text of this opinion is available from ELR (7 pp., ELR Order No. L-141).

Counsel for Appellants
Paul L. Mangieri, State's Attorney
State's Attorneys Office
725 S. Second St., Springfield IL 62704
(217) 782-1628

Counsel for Appellees
Charles M. Gering
McDermott, Will & Emery
227 W. Monroe St., Chicago IL 60606
(312) 372-2000

[30 ELR 20227]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]