Village of Chadwick v. Nelson

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2017 IL App (2d) 170064
Decision Date: 
Friday, December 15, 2017
District: 
2d Dist.
Division/County: 
Carroll Co.
Holding: 
Reversed.
Justice: 
HUTCHINSON

Village successfully prosecuted Defendant for an ordinance violation, on basis that farm, a 2 ½ acre parcel with single-family residence located thereon, and which Defendant co-owned with her husband, had allegedly become a nuisance because of its nascent cattle operation. Trial court found that Defendant’s farm satisfies requirements of Farm Nuisance Act.  Enforcement of village ordinance was preempted by plain language of the Act. (HUDSON and SPENCE, concurring.)