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Byron Dragway, Inc. v. County of Ogle

Case Date: 11/14/2001
Court: 2nd District Appellate
Docket No: 2-00-0934 Rel

November 14, 2001

No. 2--00--0934

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

BYRON DRAGWAY, INC.,

             Plaintiff-appellant,

v.

THE COUNTY OF OGLE,

             Defendant-Appellee.

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)		 Appeal from the Circuit Court
of Ogle County.

No. 98--CH--0024


Honorable
Richard E. DeMoss,
Judge, Presiding.
 

JUSTICE CALLUM delivered the opinion of the court:

Plaintiff, Byron Dragway, Inc., sought a declaratory judgmentagainst defendant, the County of Ogle. Plaintiff asserted that anordinance amendment reducing the days and hours that plaintiff'sraceway could be open for business resulted in a taking of itsproperty without compensation. The trial court granted defendant'smotion to dismiss pursuant to section 2--619(a)(9) of the Code ofCivil Procedure (the Code) (735 ILCS 5/2--619(a)(9) (West 1998)). We reverse and remand.

The complaint contains the following relevant allegations.Since 1964, plaintiff and its predecessors in interest haveoperated the only commercial racing dragstrip in Ogle County. Plaintiff obtained from defendant annual licenses and permits toconduct its business. These licenses were subject to certainoperating requirements in the Ogle County Code. Section 4--1D--4of the Ogle County Code governed the operating hours for allbusiness. Ogle County Code