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COUNTY OF DU PAGE v. K-FIVE CONST. CORP.

No. 2-93-0875.

642 N.E.2d 164 (1994)

267 Ill. App.3d 266

204 Ill.Dec. 702

The COUNTY OF DU PAGE, Plaintiff-Appellant, v. K-FIVE CONSTRUCTION CORPORATION, Defendant-Appellee (Du Page Materials Company et al., Defendants and Intervenors-Appellees; The People ex rel. Roland W. Burris, Attorney General of the State of Illinois, Plaintiff).

Appellate Court of Illinois, Second District.

October 26, 1994.

Attorney(s) appearing for the Case

James E. Ryan, DuPage County State's Atty., Barbara A. Preiner, Supervisor of Appeals, DuPage Co. State's Attys. Office, Carole R. Doris, Asst. State's Atty., DuPage County State's Attys. Office, Hayman Anthony E., Asst. State's Atty. for DuPage County, Wheaton, for County of DuPage.

Schirott & Luetkehans, P.C., Phillip A. Luetkehans, Mindel & Faermark, Byron D. Faermark, Itasca, Joseph J. Annunzio, Asst. Atty. Gen., Deputy Chief, PCB, Chicago, for DuPage Materials Co., Elmhurst Chicago Stone Co., and K-Five Const. Co.

William D. Seith, Kelly A. O'Connor, Asst. Atty. Gens., Chicago, Douglas Drenk, Douglas Drenk & Associates, P.C., Wheaton, for Burris, Atty. Gen.

Justice COLWELL delivered the opinion of the court:

Plaintiff, the County of Du Page (County), appeals from a judgment in favor of defendant, K-Five Construction Company (K-Five), and defendants-intervenors, Du Page Materials Company (Du Page Materials) and Elmhurst-Chicago Stone Company (ECS). The trial court denied the County's request for injunctive relief and statutory fines against defendants for their alleged illegal use and operation of an asphalt batching...

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