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HYON WASTE MGT. SERVICES, INC. v. CITY OF CHICAGO

No. 1-89-2242.

574 N.E.2d 129 (1991)

214 Ill. App.3d 757

158 Ill.Dec. 335

HYON WASTE MANAGEMENT SERVICES, INC. an Illinois corporation, Plaintiff-Appellee, v. The CITY OF CHICAGO, a municipal corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied June 18, 1991.

Attorney(s) appearing for the Case

Corporation Counsel of the City of Chicago, Chicago (Kelly R. Welsh, Lawrence Rosenthal, Ruth M. Moscovitch, Mardell Nereim, of counsel), for defendant-appellant.

J. Barton Kalish & Colleagues, Chicago (J. Douglas Weingarten, of counsel), for plaintiff-appellee.

Justice DiVITO delivered the opinion of the court:

Plaintiff Hyon Waste Management Services, Inc. (Hyon) filed suit in the circuit court of Cook County pursuant to 42 U.S.C. § 1983 against the City of Chicago (the City), alleging that the City violated its right to procedural due process by sealing its hazardous waste incinerator without prior notice or hearing. After the circuit court granted summary judgment to Hyon on the issue of liability, a jury awarded...

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