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CTY. OF COOK v. CHICAGO MAGNET WIRE CORP.

No. 85-2949.

152 Ill. App.3d 726 (1987)

504 N.E.2d 904

THE COUNTY OF COOK, Plaintiff-Appellant, v. CHICAGO MAGNET WIRE CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied March 10, 1987.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Glenn Carr, Glenn Sechen, Frank J. Parkerson, Lynn Worley, and Michael C. Moses, Assistant State's Attorneys, of counsel), for appellant.

David L. Rieser and Robert Marks, both of Marks, Marks & Kaplan, Ltd., of Chicago, for appellee.

Reversed and remanded.

JUSTICE BILANDIC delivered the opinion of the court:

Plaintiff, County of Cook, is a body politic and corporate. (Ill. Rev. Stat. 1985, ch. 34, par. 301.) It enacted the Cook County Environmental Control Ordinance which provides that "[t]he emission of noxious, odorous or toxic matter in such manner or quantity as to be detrimental or endanger the public health, comfort or welfare, is prohibited." (Cook County, Ill. Ordinances, ch. 16...

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