Eagle Bus Lines, Inc. v. Commerce Com‪.‬

This action was brought in the circuit court of Lake County by plaintiff, the county of Lake, against Robert B. Mac Neal and his wife, owners of two adjoining tracts of land, (referred to herein as parcel 1 and parcel 2,) to enjoin them from violating the county zoning ordinance adopted in 1939. For defense, the defendants pleaded a legal nonconforming use as to parcel 1, and that the ordinance, as it applied to parcel 2, is unconstitutional and void. These allegations were denied by plaintiffs reply. In addition, defendants filed a counterclaim praying that plaintiff be enjoined from enforcing the ordinance against their property. This direct appeal, properly certified to us by the trial court, is from a decree deciding the issues in favor of defendants.