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CITY OF ELGIN v. COUNTY OF COOK

Nos. 76775, 76776.

660 N.E.2d 875 (1995)

169 Ill.2d 53

214 Ill.Dec. 168

The CITY OF ELGIN et al., Appellees, v. The COUNTY OF COOK et al., Appellants. The VILLAGE OF BARTLETT et al., Appellees, v. The SOLID WASTE AGENCY OF NORTHERN COOK COUNTY, Appellant.

Supreme Court of Illinois.

Rehearing Denied January 29, 1996.

Attorney(s) appearing for the Case

Jerome S. Schain, Thomas R. Burney, Glenn C. Sechen and Kerri L. McBride, Schain, Firsel & Burney, and Julian C. D'Esposito, Jr., Michele Odorizzi and Russell R. Eggert, Mayer, Brown & Platt, all of Chicago, for appellant Solid Waste Agency of Northern Cook County.

Jack O'Malley, State's Attorney, Chicago (Karen A. Covy, Patricia M. Moser, William P. Motto and Jayman A. Avery III, Assistant State's Attorneys, of counsel), for appellant County of Cook.

David R. Akemann, State's Attorney, Patricia Johnson Lord, Assistant State's Attorney, and Timothy P. Dwyer, all of St. Charles, for appellee County of Kane.

Myron M. Cherry and Peter Flynn, Cherry & Flynn and Lee J. Schwartz, Chicago, Bryan E. Mraz and Edward Smith Mraz, of Bryan E. Mraz & Associates, Roselle, and Erwin W. Jentsch and Kenneth F. Miles, both of Elgin, for appellees Village of Bartlett et al.

Justice HEIPLE delivered the opinion of the court:

In 1988, elected officials from 28 of the municipalities in the Northwest Municipal Conference, representing approximately 950,000 Cook County residents, joined together to create the Solid Waste Agency of Northern Cook County (SWANCC). SWANCC is a municipal joint-action agency established by the Cook County board of commissioners (the Cook County board) pursuant to section 3.2 of the Intergovernmental Cooperation...

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