Nickels v. Burnett
Case Date: 10/20/2003
Court: 2nd District Appellate
Docket No: 2-03-0414 Rel
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______________________________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: Defendants, Jim and Christine Burnett, appeal the order of the circuit court of De KalbCounty granting plaintiffs' motion for a preliminary injunction enjoining defendants from constructinga hog confinement facility pursuant to letters authorizing the construction of such a facility issued bythe Illinois Department of Agriculture (Department). Defendants contend that the trial courterroneously ruled on the petition for a preliminary injunction without first requiring plaintiffs toexhaust their administrative remedies pursuant to the Livestock Management Facilities Act (Act) (510ILCS 77/1 et seq. (West 2002)). We affirm. Plaintiffs are landowners in De Kalb County near Hinckley, Illinois. Defendants own and farmproperty in the same area. In 2002, defendants began the process to construct a facility to maintain8,000 head of hogs on their property. The construction and operation of such a facility is governedby the Act. On April 11, 2002, pursuant to section 11(a) of the Act, defendants sent to theDepartment their notice of intent to construct the hog facility. During the remainder of 2002, defendants worked with the Department to secureauthorization to begin to construct the hog facility. On December 13, 2002, the Department issuedthree letters to defendants granting them permission to proceed with the construction of the facility. On December 16, 2002, plaintiffs filed the instant suit, alleging that the proposed facility would bea nuisance pursuant to section 47--5(8) of the Criminal Code of 1961 (720 ILCS 5/47--5(8) (West2002)) and a De Kalb County ordinance (De Kalb County Code |