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WHITE FENCE FARM, INC. v. LAND & LAKES CO.

No. 16673.

99 Ill. App.3d 234 (1981)

424 N.E.2d 1370

WHITE FENCE FARM, INC., Plaintiff-Appellant, v. LAND AND LAKES COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied September 17, 1981.

Attorney(s) appearing for the Case

David Lincoln Ader, of Chicago, for appellant.

Tyrone C. Fahner, Attorney General, of Chicago (Kenneth G. Anspach, Assistant Attorney General, of counsel), for appellee Environmental Protection Agency.

John F. Ward, Jr., and Michael W. Ward, both of O'Keefe, Ashenden & Lyons, of Chicago, for appellee Land and Lakes Company.

Judgment affirmed.

Mr. JUSTICE MILLS delivered the opinion of the court:

The Illinois EPA issued a permit for a sanitary landfill.

Did the EPA have jurisdiction? Yes.

Did the complainant exhaust its administrative remedies? No.

The complaint was dismissed and we affirm.

White Fence Farm, Inc. (White Fence), filed a nine-count complaint seeking declaratory judgment, certiorari, and other relief regarding a sanitary landfill...

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