# County of Cook v. John Sexton Contractors Co.

> Illinois Supreme Court · April 18, 1979 · 75 Ill. 2d 494

URL: https://www.frixlaw.com/law-library/cases/9729768

## Case

- **Full name:** The COUNTY OF COOK, Appellant, v. JOHN SEXTON CONTRACTORS COMPANY Et Al., Appellees.-(The Pollution Control Board Et Al., Appellants.)
- **Court:** Illinois Supreme Court
- **Decided:** April 18, 1979
- **Citations:** 75 Ill. 2d 494; 27 Ill. Dec. 489; 389 N.E.2d 553; 1979 Ill. LEXIS 289
- **Precedential status:** Published
- **Opinion:** Concurrence by Ryan
- **Judges:** Moran, Goldenhersh, Underwood, Ryan
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Village of Carpentersville v. Pollution Control Board.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9729768

## How later opinions describe it (automated extraction)

- rejecting challenge to municipal zoning ordinance

## Opinion text

MR. JUSTICE RYAN, specially concurring:
Although I agree with the result reached by the majority, I cannot agree with the dicta contained in the opinion concerning the lack of authority of non-home-rule units of local government to regulate sanitary landfills. This case involves only the question of the authority of a home rule unit to regulate the location of landfills through the use of zoning power. There is no need to discuss in this case what authority a non-home-rule unit has in this area. To me, it seems inappropriate to attempt to transfuse vitality by the use of dicta into Carlson v. Village of Worth (1975), 62 Ill. 2d 406 , a case I view as one of questionable precedential value. If this court, which is now differently composed than when Village of Worth was decided, wishes to again consider the issues that were before the court in that case, it should do so when those issues are involved in a case before the court and are properly briefed and argued. For the reasons stated, and under the authority cited in my dissent in Village of Worth, and my dissent from the supplemental opinion on rehearing in that case, I believe that non-home-rule units have been granted authority to regulate the disposal of garbage and waste, and the location of landfills, and that the authority granted by statute has never been modified or rescinded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9729768. Public record. Not legal advice.