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AMERICAN FLY ASH CO. v. CTY. OF TAZEWELL

No. 82-0781.

120 Ill. App.3d 57 (1983)

457 N.E.2d 1069

AMERICAN FLY ASH COMPANY, Plaintiff-Appellee, v. THE COUNTY OF TAZEWELL, Defendant-Appellant — (Families Opposed to Contaminating Uses of Soil, Defendant).

Appellate Court of Illinois — Third District.

Opinion filed December 14, 1983.

Attorney(s) appearing for the Case

G. Edward Orr, Assistant State's Attorney, of Pekin, for appellant.

Ronald L. Keyser and William L. Kasley, both of Elliff, Keyser, Oberle & Davies, P.C., of Pekin, for appellee.

Judgment affirmed.

JUSTICE BARRY delivered the opinion of the court:

This appeal involves an action for declaratory judgment and an injunction by American Fly Ash Company, plaintiff, against the County of Tazewell, defendant, to determine whether plaintiff was required by statute to obtain a permit from defendant before developing a waste disposal site in Tazewell County.

In the fall of 1980, plaintiff...

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