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KANE CTY. DEFENDERS, INC. v. POLLUTION CONTROL BD.

No. 84-0940.

139 Ill. App.3d 588 (1985)

487 N.E.2d 743

THE KANE COUNTY DEFENDERS, INC., et al., Petitioners-Appellants, v. THE POLLUTION CONTROL BOARD et al., Respondents-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed December 30, 1985.

Attorney(s) appearing for the Case

Robert G. Foster, of Winston & Strawn, and Eugene W. Beeler, of Beeler, Schad & Diamond, both of Chicago, for appellants.

Robert Morrow, State's Attorney, of Geneva (David R. Akemann, Assistant State's Attorney, of counsel), for appellee County Board of Kane County.

Richard J. Kessel and Frederick L. Moore, both of Martin, Craig, Chester & Sonnenschein, of Chicago, and Lyle C. Brown, of Schnell, Richards, Brown, Ritt, Freeman & Dalton, P.C., of Elgin, for appellee Illinois Sanitary District of Elgin.

Order vacated.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Petitioners, who seek to prevent installation of a sludge landfill by respondent, Elgin Sanitary District (ESD), appeal directly to this court from an order of the Pollution Control Board (PCB), which upheld a decision of the Kane County Board approving the proposed site for that purpose.

The proposed sludge landfill site covers a 79-acre area and centers on a quarry which has...

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