COUNTY OF COOK v. JOHN SEXTON CONTRACTORS CO.

No. 50499.

75 Ill.2d 494 (1979)

389 N.E.2d 553

THE COUNTY OF COOK, Appellant, v. JOHN SEXTON CONTRACTORS COMPANY et al., Appellees. — (The Pollution Control Board et al., Appellants.)

Supreme Court of Illinois.

Rehearing denied May 30, 1979.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., Deputy State's Attorney, and William E. Kenny, Assistant State's Attorney, of counsel), for appellant County of Cook.

William J. Scott, Attorney General, of Springfield (George Wm. Wolff, Assistant Attorney General, and Dennis R. Fields, Special Assistant Attorney General, of Chicago, of counsel), for appellant Pollution Control Board.

Marvin J. Glink and John B. Murphey, of Ancel, Glink, Diamond & Murphy, P.C., of Chicago, and Leland H. Ryson, of Tinley Park, for appellant Village of Richton Park.

Kirkland & Ellis, of Chicago (Frank L. Winter, of counsel), for appellees John Sexton Contractors Co. et al.

Kevin M. Forde, Ltd. and Richard J. Prendergast, of Chicago, for amicus curiae The Illinois Landfill Operators Association et al.


Affirmed in part and reversed in part and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

This litigation arose out of the efforts of John Sexton Contractors Company (Sexton) to locate and operate a sanitary landfill on an 85-acre tract of land in an unincorporated portion of Cook County (County). On January 19, 1976, the County comprehensively amended its zoning ordinance pursuant to its home rule...

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