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PEOPLE v. WOLOHANS LUMBER CO.

Nos. 3-93-0859 to 3-93-0869.

637 N.E.2d 1064 (1994)

263 Ill.App.3d 344

202 Ill.Dec. 328

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. WOLOHANS LUMBER CO., Thomas Craig, Timothy Craig, Randy Spotts, Gene Jacques, Kenneth Reitzel, Reitzel Roofing Co., Prescott Construction Co., Timothy Weir, Rock River Roofing & Siding and Lewis McFalls, Defendants-Appellees.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing July 18, 1994.

Attorney(s) appearing for the Case

Martha E. Gillis, Asst. Atty. Gen., Chicago, for People.

Michael R. Albert, Blodgett, Reese, Merritt & Albert, Rock Falls, for Wolohans Lumber Co.

Alan K. Schmidt, Morrison, for Thomas and Timothy Craig.

Randy Spotts, pro se.

Walter C. Kilgus, Nelson, Kilgus, Richey & Hauptman, Morrison, for Gene Jaques.

Mark L. Holldorf, Feldman Law Office, Sterling, for Kenneth Reitzel and Reitzel Roofing Co.

Richard A. Palmer, Ward, Murray, Pace & Johnson, P.C., Sterling, for Prescott Const. Co.

Michael A. Lancaster, Besse, Frye, Arnold, Miller & Lancaster, Sterling, for Timothy Wier and Rock River Roofing & Siding Co.

Edward Dwyer, Hodge & Dwyer, Springfield, for Lewis McFalls.

MODIFIED ON DENIAL OF REHEARING

Justice BRESLIN delivered the opinion of the court:

This case raises the question of what is the appropriate statute of limitations to apply to charges of violating sections 21 and 9 of the Environmental Protection Act (415 ILCS 5/21, 9 (West 1992)) (Act). These violations are classified as Class A misdemeanors by section 44 (415 ILCS 5/44 (West 1992)) of the Act and an extended limitations period applies to "offenses set...

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