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CITIZENS UTIL. v. ILLINOIS POLLUTION CONTROL BD.

No. 3-93-0736.

639 N.E.2d 1306 (1994)

265 Ill.App.3d 773

203 Ill.Dec. 487

CITIZENS UTILITIES COMPANY OF ILLINOIS and Village of Plainfield, Petitioners, v. ILLINOIS POLLUTION CONTROL BOARD, Illinois Environmental Protection Agency, and Village of Bolingbrook, Respondents.

Appellate Court of Illinois, Third District.

As Modified September 15, 1994.

Rehearing Denied September 16, 1994.

Attorney(s) appearing for the Case

Daniel J. Kucera (argued), Christopher J. Townsend, Chapman & Cutler, Chicago, James B. Harvey, and Timothy J. Rathbun, McKeown Law Office, Joliet, for Citizens Utilities Co., and Village of Plainfield.

Jan E. Hughes (argued), Asst. Atty. Gen., Roland W. Burris, Atty. Gen., and Rosalyn B. Kaplan, Sol. Gen., Chicago, for Pollution Control Bd., and E.P.A.

Barry L. Moss (argued), George A. Marchetti, and Norma J. Guess, Moss & Bloomberg, Ltd., Bolingbrook, for Village of Bolingbrook.

Justice BARRY delivered the modified opinion of the court.

This case comes before this court pursuant to a petition for review of orders of the Illinois Pollution Control Board, which held that the Board lacked jurisdiction over proceedings initiated by petitioners. For the reasons stated below, we affirm the decision of the Board.

I. The Parties

Petitioners in this case are the Citizens Utilities Company of Illinois (Citizens) and the Village of...

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