CITY OF ELGIN v. COUNTY OF COOK

Nos. 1-90-1984, 2-91-0912.

629 N.E.2d 86 (1993)

257 Ill. App.3d 186

195 Ill.Dec. 778

The CITY OF ELGIN; the Village of Bartlett; the Village of South Elgin; the Village of Wayne; and Hanover Township, municipal corporations of the State of Illinois, Plaintiffs-Appellants, v. The COUNTY OF COOK; a municipal corporation of the State of Illinois, the Northwest Municipal Conference; the Chicago Gravel Company; and the Solid Waste Agency of Northern Cook County, Defendants-Appellees. The VILLAGE OF BARTLETT; the City of Elgin; Citizens Against the Balefill; and William C. McHugh, Plaintiffs-Appellees, v. The SOLID WASTE AGENCY OF NORTHERN COOK COUNTY, a municipal corporation, Defendant-Appellant, (People ex rel. Gary V. Johnson, State's Attorney of the County of Kane; and the County of Kane, Intervening Plaintiffs-Appellees; the City of Evanston, Defendant).

Appellate Court of Illinois, First District, Third Division.

December 22, 1993.


Attorney(s) appearing for the Case

Erwin W. Jentsch, Elgin, for City of Elgin and Village of Wayne in No. 1-90-1984.

Edward S. Mraz, Roselle, for Village of Bartlett, Village of Wayne and Hanover Township in No. 1-90-1984.

Kenneth F. Miles, Elgin, for Village of South Elgin in No. 1-90-1984.

Jack O'Malley, State's Atty. of Cook County, Chicago (Eric Dunham, William Motto, Donald Delvin, of counsel), for County of Cook in No. 1-90-1984.

Thomas R. Burney, Glenn C. Sechen, Matthew M. Klein, Brian M. Fornek, Chicago, for The Solid Waste Agency of Northern Cook County, and Northwest Mun. Conference in No. 1-90-1984.

Rooks, Pitts & Pouts, Chicago (Geoffrey A. Bryce, Thomas R. Hill, of counsel), for The Chicago Gravel Co. in No. 1-90-1984.

Mayer, Brown & Piatt, Chicago (Julian C. D'Esposito, Jr., Russell R. Eggert, Thomas P. Healy, Jr., Lori E. Lightfoot, of counsel), and Thomas R. Burney, Glenn C. Sechen, Chicago, for Solid Waste Agency of Northern Cook County in No. 2-91-0912.

Edward S. Mraz, Bryan E. Mraz, Roselle, Myron M. Cherry, Peter Flynn, Chicago, for Village of Bartlett, City of Elgin, Citizens Against the Balefill, and William C. McHugh in No. 2-91-0912.

Robert M. Foote, Craig S. Mielke, Aurora, Gary V. Johnson, J. Patrick Jaeger, Geneva, for intervening plaintiff's People ex rel. Gary V. Johnson, State's Atty. of the County of Kane and the County of Kane in No. 2-91-0912.


Justice RIZZI delivered the opinion of the court:

Plaintiffs, City of Elgin, Village of Bartlett, Village of South Elgin, Village of Wayne and Hanover Township, brought this declaratory judgment action in the circuit court of Cook County against defendants, County of Cook, Northwest Municipal Conference (NWMC), Chicago Gravel Company and Solid Waste Agency of Northern Cook County (SWANCC), seeking a declaration that the ordinance adopted by the County Board of the...

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