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FILE v. D & L LANDFILL, INC.

No. 5-90-0630.

579 N.E.2d 1228 (1991)

219 Ill. App.3d 897

162 Ill.Dec. 414

Horace FILE, Erwin Hediger, Arlin Woker, Andy Tift, Layton Peddicord, Burnell Neumann, Laverle Eakle, Lynn Schmollinger, Howard Pringle, Reid Bingham, Craig Woker, Mrs. O.J. Dail, Jeanette Tift, Arlene Dail, Glen Miles, Juanita Hediger, Leila Miles, Carolyn Spradling, Donna Hampton, Hollie Willman, Charles H. Funk, Leroy Weise, Mike Eaton, Pam Funk, Jim Stoecklin, Mary Bloemker, Donald Spradling, Bob Bowen, Don Martin, Jeanette File, and Bond County Concerned Citizens, Petitioners-Appellants, v. D & L LANDFILL, INC., Bond County Board of Supervisors, County of Bond, State of Illinois, and Illinois Pollution Control Board, Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

October 3, 1991.

Attorney(s) appearing for the Case

Jamea E. Buchmiller, Greenville, for petitioners-appellants.

W.A. Dillow, III, Greenville, for D & L Landfill, Inc.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Elizabeth Schroer Harvey, Sp. Asst. Atty. Gen., Ill. Pollution Control Bd., Chicago, for Pollution Control Bd.

Justice WELCH delivered the opinion of the court:

On October 10, 1989, appellee, D & L Landfill, Inc., filed an application with the Bond County Board of Supervisors for siting approval for a regional pollution control facility. Application was made pursuant to section 39(c) of the Environmental Protection Act, which provides that,

"no permit for the development or construction of a new regional pollution control facility may be granted by the [Environmental...

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