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FRANK ROSENBERG, INC. v. TAZEWELL COUNTY

No. 88-2806.

882 F.2d 1165 (1989)

FRANK ROSENBERG, INC., Plaintiff-Appellant, v. TAZEWELL COUNTY, a body politic, Jerry Appenzeller, James Carius, James Dawson, Fred Ertmoed, Kenneth Eubanks, Thomas Fabry, Robert B. Forsyth, Robert Lutz, Larry Noreuil, Wilma O'Donnell, and Ralph Paluska, individually and as members of the Tazewell County Board, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Brian D. Mooty, Julian E. Cannell, Kavanagh, Scully, Sudow, White & Frederick, Peoria, Ill., for Frank Rosenberg, Inc., an Illinois corporation.

John E. Cassidy, Cassidy & Mueller, Peoria, Ill., Stewart J. Umholtz, Office of the State's Atty. of Tazewell County, Pekin, Ill., for defendants-appellees.

Before POSNER, FLAUM, and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiff-appellant Frank Rosenberg, Inc. (Rosenberg) brought this section 1983 action against Tazewell County, Illinois and individual present and former members of the Tazewell County Board (County Board). At the heart of Rosenberg's complaint is a 1986 County Board denial of a siting permit for a regional pollution control facility. The district court dismissed the action for lack of standing...

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