The Rochester Buckhart Action Group v. Young

              Filed 3/14/08 NO. 4-07-0682
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE ROCHESTER BUCKHART ACTION GROUP,
Plaintiff-Appellee,
v.
ROBERT YOUNG,
Defendant-Appellant.
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Appeal from
Circuit Court of
Sangamon County
No. 07MR208
Honorable
Leslie J. Graves,
Judge Presiding.
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JUSTICE TURNER delivered the opinion of the court:
In May 2007, plaintiff, Rochester Buckhart Action
Group, filed a motion for preliminary injunction against defen-dant,
Robert Young, to enjoin him from constructing or operating
a hog farm on his property pending the outcome of litigation. In
May 2007, the trial court granted the preliminary injunction. In
August 2007, the court denied defendant's motion to vacate.
On appeal, defendant argues the trial court erred in
failing to vacate the preliminary injunction. We reverse and
remand.
I. BACKGROUND
Plaintiff is an Illinois general not-for-profit corpor-ation
organized to critically examine and oppose activities that
adversely influence the use and value of property and the quality
of health and the environment in the Rochester and Buckhart areas
of Sangamon and Christian Counties. Defendant owns property in
Sangamon County and operates a dairy farm, consisting of approxi-mately
40 dairy cows at any given time. Defendant had previously