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WASTE MANAGEMENT OF ILL., INC. v. ILL. POLLUTION CONTROL BD.

Docket Nos. 71001, 71003.

585 N.E.2d 606 (1991)

145 Ill.2d 345

165 Ill.Dec. 875

WASTE MANAGEMENT OF ILLINOIS, INC., Appellee, v. The ILLINOIS POLLUTION CONTROL BOARD et al., Appellants.

Supreme Court of Illinois.

As Modified on Denial of Rehearing February 3, 1992.

Attorney(s) appearing for the Case

Larry M. Clark, Mundelein, for appellant Village of Bensenville.

Neil F. Hartigan and Roland W. Burris, Attys. Gen., Springfield (Robert Ruiz and Rosalyn Kaplan, Sols. Gen., and Michelle D. Jordan, Matthew J. Dunn, Joseph J. Annunzio, William E. Seith and Kelly A. O'Connor, Asst. Attys. Gen., Chicago, of counsel), for appellant Ill. Pollution Control Bd.

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

Justice CLARK delivered the opinion of the court:

On July 22, 1988, Waste Management of Illinois, Inc., submitted to the Village of Bensenville (Village) an application for local siting approval for a waste transfer station. The Village denied approval on February 2, 1989, on the grounds that Waste Management had not met its burden of proof under the "need" and "traffic" criteria of the local siting provisions of the Illinois Environmental Protection Act (Act) (Ill...

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