Plaintiffs, 13 owners and possessors of farmland located within 1/2 mile of Defendant company's mining property, filed complaint seeking to invalidate village ordinances allowing company to operate a silica sand mine and requesting injunction based on prospective nuisance. Some allegations of irreparable harm are based on legal conclusions not sufficiently supported by facts, and thus properly dismissed on defendants' Section 2-615 motion to dismiss. Other allegations, including that Village Annexation Agreement allows company to do mining operations 24 hours a day, 7 days a week, and to use explosive devices in daytime 5 days per week and on Saturday if necessary, are adequately detailed for claim of prospective nuisance, so that court erred in granting Section 2-615 motion to dismiss those allegations.(HOLDRIDGE, concurring; McDADE, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Nuisance