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VILLAGE OF BOLINGBROOK v. CITIZENS UTIL. COMPANY OF ILLINOIS

No. 74201.

632 N.E.2d 1000 (1994)

158 Ill.2d 133

198 Ill.Dec. 389

The VILLAGE OF BOLINGBROOK, Appellant, v. CITIZENS UTILITIES COMPANY OF ILLINOIS, Appellee.

Supreme Court of Illinois.

February 3, 1994.

Attorney(s) appearing for the Case

Barry L. Moss, Norma J. Guess and George A. Marchetti, Moss and Bloomberg, Ltd., Bolingbrook, for appellant.

Herschbach, Tracy, Johnson, Bertani & Wilson, Joliet (Thomas R. Wilson, of counsel), for appellee.

Beth Anne Janicki, IL Mun. League, Springfield, for amicus curiae IL Mun. League.

Justice MILLER delivered the opinion of the court:

Plaintiff, the Village of Bolingbrook, is a home rule municipality. Defendant, Citizens Utilities Company of Illinois, is an investorowned Illinois public utility. Defendant furnishes water and sanitary sewage services within plaintiff's corporate limits.

Plaintiff alleges that on April 9, 1991, and April 15, 1991, there were substantial discharges of raw, untreated...

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