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PEOPLE v. POLLUTION CONTROL BOARD

No. 84-126.

129 Ill. App.3d 958 (1984)

473 N.E.2d 452

THE PEOPLE OF THE STATE OF ILLINOIS, Respondent, v. THE POLLUTION CONTROL BOARD, Respondent (Santa Fe Park Enterprises, Inc., Petitioner).

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 23, 1985.

Attorney(s) appearing for the Case

Richard J. Kissel, Jeffrey C. Fort, and Frederick L. Moore, all of Martin, Craig, Chester & Sonnenschein, of Chicago, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (William J. Barzano, Jr., Assistant Attorney General, of Chicago, of counsel), for the appellees.

Order vacated, and cause reversed and remanded.

JUSTICE JIGANTI delivered the opinion of the court:

This appeal involves the constitutionality of an enactment by the Illinois General Assembly which excludes from the regulatory purview of the Illinois Pollution Control Board (the Board) noise emissions emanating from sporting events. The People of the State of Illinois, represented by the Attorney General, initiated this action in March, 1976, by filing with...

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