VILLAGE OF CARPENTERSVILLE v. POLLUTION CONTROL BOARD

No. 2-88-0049.

176 Ill. App.3d 668 (1988)

531 N.E.2d 400

THE VILLAGE OF CARPENTERSVILLE, Appellant and Cross-Appellee, v. THE POLLUTION CONTROL BOARD et al., Appellees and Cross-Appellees (Cargill, Inc., Appellee and Cross-Appellant).

Appellate Court of Illinois — Second District.

Opinion filed November 23, 1988.


Attorney(s) appearing for the Case

Bernard Z. Paul, of De Kalb, for petitioner.

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Joseph M. Clapps, Michelle D. Jordan, and Gerald T. Karr, Assistant Attorneys General, of Chicago, of counsel), for respondent Environmental Protection Agency.

Dorothy M. Gunn, of Pollution Control Board, of Chicago, and Mary Drake, of Environmental Protection Agency, of Maywood (John M. Vandlik, special counsel, Pollution Control Board, of counsel), for respondent Pollution Control Board.

Vincent O. Oleszkiewicz and James R. MacAyeal, both of Mayer, Brown & Platt, of Chicago (Percy L. Angelo, of counsel), for respondent Cargill, Inc.


Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

Petitioner, Village of Carpentersville (Village), brings this petition for review from a decision of the Illinois Pollution Control Board (Board), which declared a portion of the Village's zoning ordinance preempted by a condition in a permit issued by the Illinois Environmental Protection Agency (Agency) to Cargill, Inc. (Cargill)...

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