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WASTE MANAGEMENT OF ILLINOIS, INC. v. PCB

No. 1-89-2541.

201 Ill. App.3d 614 (1990)

558 N.E.2d 1295

WASTE MANAGEMENT OF ILLINOIS, INC., Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (6th Division).

Rehearing denied September 19, 1990.

Attorney(s) appearing for the Case

Pederson & Houpt, of Chicago (Donald J. Moran and Marilee Roberg, of counsel), for petitioner.

Neil F. Hartigan, Attorney General, of Springfield (Michelle D. Jordan, Matthew J. Dunn, and Patricia E. Collins, Assistant Attorneys General, of Chicago, of counsel), for respondents.

Order reversed.

PRESIDING JUSTICE LaPORTA delivered the opinion of the court:

Petitioner, Waste Management of Illinois, Inc. (Waste Management), sought local site approval from the Village of Bensenville (Village) for construction of a solid waste transfer station pursuant to section 39.2 of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1039.2). Following an evidentiary hearing, the Village denied the request for site approval...

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