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LAND AND LAKES CO. v. POLLUTION CONTROL BD.

No. 3-92-0496.

616 N.E.2d 349 (1993)

245 Ill. App.3d 631

186 Ill.Dec. 396

LAND AND LAKES COMPANY, JMC Operations, Inc., and NBD Trust Company of Illinois as Trustee Under Trust No. 2624EG, Petitioners-Appellants, v. ILLINOIS POLLUTION CONTROL BOARD, Village of Romeoville, and County of Will, Respondents-Appellees.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing June 30, 1993.

Attorney(s) appearing for the Case

Stephen F. Hedinger, Fred C. Prillaman, argued, Mohan, Alewelt, Prillaman & Adami, Springfield, for Land and Lakes Co., JMC Operations, Inc. and NBD Trust Co. of Illinois.

Roland W. Burris, Atty. Gen. State of Illinois, Deborah L. Ahlstrand, argued, Asst. Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for Pollution Control Bd.

Lyman C. Tieman, Lyman C. Tieman & Associates, Joliet, for Village of Bolingbrook.

Matthew M. Klein, argued, Glenn C. Sechen, Schain, Firsel & Burney, Ltd., Chicago, James Glasgow, Will County State's Atty., Richard I. Siegel, Asst. State's Atty., Misty Turner, Will County Asst. State's Atty., Joliet, for County of Will.

Nancy A. McKeating, Schwartz & Freeman, Oakbrook Terrace, amicus curiae.

MODIFIED UPON DENIAL OF REHEARING

Presiding Justice McCUSKEY delivered the opinion of the court:

The petitioners, Land and Lakes Company, JMC Operations, Inc. and NBD Trust Company of Illinois, as trustee under Trust No. 2624EG, own and operate the Willow Ranch landfill (landfill). The landfill is located in Will County within the corporate boundaries of the Village of Romeoville (Village). The Village denied the petitioners' application for site approval...

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