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WASTE MANAGEMENT OF ILL., INC. v. PCB

No. 2-88-0861.

187 Ill. App.3d 79 (1989)

543 N.E.2d 505

WASTE MANAGEMENT OF ILLINOIS, INC., Appellant, v. THE POLLUTION CONTROL BOARD et al., Appellees.

Appellate Court of Illinois — Second District.

Opinion filed May 25, 1989.

Attorney(s) appearing for the Case

Pedersen & Houpt, of Chicago (Donald J. Moran, of counsel), for petitioner.

Neil F. Hartigan, Attorney General, and Wayne Wiemerslage, of Environmental Protection Agency, both of Springfield (Robert Ruiz, Solicitor General, and Carla D. Davis, Michelle D. Jordan, and Matthew J. Dunn, Assistant Attorneys General, of Chicago, of counsel), for respondent Pollution Control Board.

William Barrett, Assistant State's Attorney, of Geneva (David R. Akemann, of counsel), for respondent McHenry County Board.

Thomas F. Baker, State's Attorney, of Woodstock, and Michael J. Phillips, Assistant State's Attorney, of Freeport, for amicus curiae.

Order affirmed.

JUSTICE WOODWARD delivered the opinion of the court:

Appellant, Waste Management of Illinois (Waste Management), appeals from a decision of the Pollution Control Board (PCB), which upheld the McHenry County Board's (MCB's) denial of site-location suitability of a new regional pollution control facility (landfill) to be located in unincorporated McHenry County.

In 1986, Waste Management initially petitioned the MCB for site-location...

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