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M.I.G. INVESTMENTS, INC. v. EPA

No. 64946.

122 Ill.2d 392 (1988)

523 N.E.2d 1

M.I.G. INVESTMENTS, INC., et al., Appellees, v. THE ENVIRONMENTAL PROTECTION AGENCY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 31, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Gerald T. Karr and H. Alfred Ryan, Assistant Attorneys General, of Chicago, of counsel), for appellants.

Immel, Zelle, Ogren, McClain, Germeraad & Costello, of Springfield (Thomas J. Immel and Lee K. Zelle, of counsel), for appellees.

Roger Russell, State's Attorney, of Belvidere, and Paul Perona, Special Assistant State's Attorney, of Peru, for amicus curiae County of Boone.

Donna R. Henderson, of Henderson & Henderson, of Waukegan, for amicus curiae Village of Antioch.

Motion denied; appellate court reversed; board confirmed.

JUSTICE WARD delivered the opinion of the court:

The plaintiff, M.I.G. Investments, Inc., filed a petition for a supplemental development permit with the Illinois Environmental Protection Agency (Agency) to increase the vertical contour levels of its landfill, located in Boone County, to an elevation of 872 feet above sea level. The Agency denied the petition on the ground that the plaintiff had failed...

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