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

No. 1-89-2541.

600 N.E.2d 55 (1992)

234 Ill. App.3d 65

175 Ill.Dec. 432

WASTE MANAGEMENT OF ILLINOIS, INC., a Delaware corporation, Petitioner, v. The POLLUTION CONTROL BOARD, and Village of Bensenville, a municipal corporation, Respondents.

Appellate Court of Illinois, First District, Sixth Division.

August 28, 1992.

Attorney(s) appearing for the Case

Pedersen & Houpt, Chicago, for Waste Management of Illinois, Inc.

Roland Burris, Atty. Gen., Chicago, for Illinois Pollution Control Bd.

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

Justice McNAMARA 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. 111½, par. 1039.2). Following an evidentiary hearing, the Village denied the request for site approval, and Waste Management appealed...

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