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PEOPLE EX REL. BURRIS v. C.J.R. PROCESSING, INC.

No. 3-94-0268.

647 N.E.2d 1035 (1995)

269 Ill.App.3d 1013

207 Ill.Dec. 542

PEOPLE of the State of Illinois, ex rel. Roland W. BURRIS, Attorney General of the State of Illinois, and ex rel. Dave Neal, State's Attorney of Grundy County, Illinois, Plaintiff-Appellant, v. C.J.R. PROCESSING, INC., an Illinois Corporation, Regenex Inc., a Delaware Corporation, Federal Industrial Park, Inc., an Illinois Corporation, Normal H. Wexler, individually and as President of Federal Industrial Park, Inc., James R. Johnson, Ty-Walk Liquid Sales, Inc., a Delaware Corporation, Robert D. Walker, individually and as President of Ty-Walk Liquid Sales, Inc., Ag Leasing, Inc., an Illinois Corporation, and Robert D. Walker, individually and as President of Ag Leasing, Inc., Defendants, and Curtis Appel, individually and as President of C.J.R. Processing, Inc., Defendant-Appellee.

Appellate Court of Illinois, Third District.

March 8, 1995.

Attorney(s) appearing for the Case

John P. Schmidt, Asst. Atty. Gen., Chicago, Thomas M. Sealy, Asst. State's Atty., Morris, Roland W. Burris, Atty. Gen., Chicago, David W. Neal, State's Atty., Morris, for Roland W. Burris, Dave Neal.

Curtis Appel, Chicago, Martin N. Preiser, River Forest, for Curtis Appel, C.J.R. Processing, Inc.

Scott M. Hoster, Davis, Kaplan, Dystrup Hoster, Joliet, for Federal Indus. Park, Inc., Regenex Inc., Norman H. Wexler.

Thomas R. Wilson, Herschbach, Tracy, Johnson, Bertani Wilson, Joliet, for A.G. Leasing, James R. Johnson, Ty-Walk Liquid Sales, Robert D. Walker.

Justice McCUSKEY delivered the opinion of the court:

The State appeals from the dismissal of one of the defendants, Curtis Appel, from an enforcement action brought against various defendants pursuant to the Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (West 1992)). In dismissing Appel, the circuit court of Grundy County concluded that the definition of "person" under the Act did not include corporate officers. As a consequence, the court determined...

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