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PEOPLE v. MIDWAY LANDFILL, INC.

No. 73-371.

23 Ill. App.3d 1080 (1974)

321 N.E.2d 91

THE PEOPLE OF THE COUNTY OF KANE, Plaintiff-Appellant, v. MIDWAY LANDFILL, INC., Defendant-Appellee.

Appellate Court of Illinois — Second District.

November 27, 1974.

Attorney(s) appearing for the Case

Gerry L. Dondanville, State's Attorney, of Geneva (Clarence Wittenstrom, Jr., Assistant State's Attorney, of counsel), for appellant.

Robert F. Casey, of Geneva, for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Midway Landfill, Inc., as the operator of a landfill site in Kane County, was charged in six informations with various violations of the Kane County Sanitary Landfill Control Ordinance. The defendant filed a motion to quash all of the counts in each information, contending that the ordinance, in imposing upon the county the primary and nondelegable duty to refrain from the alleged...

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