ENVIRONMENTAL CONTROL SYSTEMS, INC. v. POLLUTION CONTROL BOARD

No. 5-91-0328.

630 N.E.2d 554 (1994)

258 Ill. App.3d 435

196 Ill.Dec. 619

ENVIRONMENTAL CONTROL SYSTEMS, INC., Appellant and Cross-Appellee, v. The POLLUTION CONTROL BOARD, Appellee and Cross-Appellee (Madison County Conservation Alliance, Richard Worthen, Clarence Bohm, Harry Parker, George Arnold, Clinton Aufderheide, Mary Aufderheide, William Dorris, and Mary Dorris, Appellees and Cross-Appellants).

Appellate Court of Illinois, Fifth District.

March 22, 1994.


Attorney(s) appearing for the Case

J. Thomas Long, Farrell & Long, P.C., Edwardsville, Roy C. Dripps, The Lakin Law Firm, Wood River.

George J. Moran, Callahan & Moran, P.C., Trenton, for Madison County Conservation Alliance.

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


Presiding Justice LEWIS delivered the opinion of the court:

Environmental Control Systems, Inc. (ECS), appeals from an order of the Pollution Control Board (PCB) vacating a prior decision of the Madison County Board (County Board), wherein the County Board granted site approval to ECS for the location of a regional pollution-control facility (landfill) within Madison County. Although ECS raises several issues in this appeal, the only issue

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