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BISHOP v. POLLUTION CONTROL BD.

No. 5-91-0487.

601 N.E.2d 310 (1992)

235 Ill. App.3d 925

175 Ill.Dec. 913

Robert BISHOP and Arminda Bishop, Appellants, v. The POLLUTION CONTROL BOARD, Frank Whitlock, Patricia Whitlock, Janet Bergman, Marvin Savage, Shirley Savage, Individually and in their Capacity as Representatives of Concerned Citizens against Landfill, and County of Montgomery, Appellees.

Appellate Court of Illinois, Fifth District.

October 16, 1992.

Attorney(s) appearing for the Case

Val C. Simhauser, Springfield, for Bishop.

Phelps, Kasten, Verticchio & Ruyle, Gillespie, for Frank Whitlock, Patricia Whitlock, Janet Bergman, Marvin Savage, Shirley Savage, Individually and in Their Capacity as Representatives of an Organization Known as Concerned Citizens Against Landfill.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Jerald S. Post, Asst. Atty. Gen., Chicago, for Illinois Pollution Control Bd.

Justice CHAPMAN delivered the opinion of the court:

Robert and Arminda Bishop were granted site-location-suit-ability approval for a regional pollution-control facility by the Montgomery County Board of Supervisors (County). The Illinois Pollution Control Board reversed this decision. The Bishops appeal. We reverse.

The Bishops own property in Montgomery County which had been used for a sanitary landfill during...

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