INDUS. FUELS & RES. ILL., INC. v. POLLUTION CONTROL BD.

No. 1-91-0144.

592 N.E.2d 148 (1992)

227 Ill. App.3d 533

169 Ill.Dec. 661

INDUSTRIAL FUELS & RESOURCES/ILLINOIS, INC., Petitioner-Appellant, v. ILLINOIS POLLUTION CONTROL BOARD and City Council of the City of Harvey, Respondents-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 19, 1992.


Attorney(s) appearing for the Case

W. Robert Blair, Chicago, for petitioner-appellant.

James D. Montgomery & Associates, Chicago (James D. Montgomery, of counsel), Roland W. Burris (Rosalyn B. Kaplan, of counsel), for respondents-appellees.


Justice LINN delivered the opinion of the court:

Industrial Fuels & Resources/Illinois, Inc. ("Industrial"), sought local siting approval from the City of Harvey for a new regional pollution control facility to be located within Harvey's municipal boundaries. Harvey denied approval based on its belief that Industrial had failed to satisfy certain statutory criteria under section 39.2 of the Illinois Environmental Protection

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