MILLER v. POLLUTION CONTROL BD.

Nos. 4-93-0047, 4-93-0585.

642 N.E.2d 475 (1994)

267 Ill. App.3d 160

204 Ill.Dec. 774

Gerald B. MILLER, Petitioner, v. The POLLUTION CONTROL BOARD et al., Respondents. (Two Cases)

Appellate Court of Illinois, Fourth District.

September 30, 1994.

Rehearing Denied October 27, 1994.


Attorney(s) appearing for the Case

Becky S. McCray, Fred C. Prillaman (argued), and Stephen F. Hedinger (argued), all of Mohan, Alewelt, Prillaman & Adami, of Springfield, for petitioner.

Donald M. Cadagin, State's Atty., of Springfield (Robert L. Smith, Asst. State's Atty. (argued), of counsel), for respondent Sangamon County Dept. of Public Health.

Roland W. Burris, Atty. Gen., of Chicago (Rosalyn B. Kaplan, Sol. Gen., and Jerald S. Post, Asst. Atty. Gen. (argued), of counsel), for respondent Pollution Control Bd.


Justice KNECHT delivered the opinion of the court:

This case involves two consolidated appeals from orders entered by the Illinois Pollution Control Board (Board) in a single case. (Sangamon County v. Miller (Dec. 17, 1992), Ill. PCB Op. 92-37; Sangamon County v. Miller (Feb. 4, 1993), Ill. PCB Op. 92-37.) In an administrative citation procedure, initiated by Sangamon County (County), the Board found Gerald Miller used his property as an open dump resulting...

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