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VILLAGE OF CARPENTERSVILLE v. PCB

No. 68074.

135 Ill.2d 463 (1990)

553 N.E.2d 362

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

Supreme Court of Illinois.

Opinion filed March 29, 1990.

Attorney(s) appearing for the Case

Percy L. Angelo and James R. MacAyeal, of Chicago (Mayer, Brown & Platt, of counsel), for appellant.

Bernard Z. Paul, of De Kalb, for appellee Village of Carpentersville.

Robert W. Mueller and Katherine D. Hodge, both of Springfield, for amicus curiae Illinois Environmental Regulatory Group, Inc.

Affirmed.

JUSTICE CLARK delivered the opinion of the court:

At the core of this appeal is the question of whether a village zoning ordinance is preempted by a requirement set forth in a permit issued by the Environmental Protection Agency (Agency) under the provisions of the Environmental Protection Act (the Act) (Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1001 et seq.). The Village of Carpentersville (the Village) appealed a determination of the Illinois...

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