McHENRY CTY. LANDFILL, INC. v. ENV. PROT. AGENCY

Nos. 2-86-0265, 2-86-0369 cons.

154 Ill. App.3d 89 (1987)

506 N.E.2d 372

McHENRY COUNTY LANDFILL, INC., Plaintiff-Appellant, v. THE ENVIRONMENTAL PROTECTION AGENCY et al., Defendants-Appellees (The Village of Huntley et al., Intervenors-Appellees). — McHENRY COUNTY LANDFILL, INC., Appellants, v. THE ILLINOIS POLLUTION CONTROL BOARD et al., Appellees.

Appellate Court of Illinois — Second District.

Opinion filed March 30, 1987.


Attorney(s) appearing for the Case

James G. Militello and James L. Wright, both of Militello, Zanck & Coen, of Crystal Lake, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Matthew J. Dunn, Roma Jones Stewart, and H. Alfred Ryan, Assistant Attorneys General, of Chicago, of counsel), for appellees Illinois Environmental Protection Agency and Pollution Control Board.

Theodore J. Floro, State's Attorney, of Woodstock (Paul R. Ryske, Assistant State's Attorney, and David R. Akemann and William F. Barrett, Special Assistant State's Attorneys, of counsel), for appellee County of McHenry.

Michael F. Kukla, of Cowlin, Ungvarksy, Kukla & Curran, of Crystal Lake, for appellees Village of Huntley, Arthur T. McIntosh & Company, Village of Lakewood, Landfill Emergency Action Committee, McHenry County Defenders, and Huntley Fire Protection District.


Judgment affirmed.

JUSTICE UNVERZAGT delivered the opinion of the court:

These two appeals, consolidated for opinion, involve plaintiff's attempts to gain site location approval for a new sanitary landfill in McHenry County pursuant to the provisions of the Environmental Protection Act (hereinafter designated the Act) (Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1039.2). We begin by reviewing the somewhat complicated...

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