DISCOVERY SOUTH GROUP, LTD. v. PCB

No. 1-93-1438.

656 N.E.2d 51 (1995)

275 Ill.App.3d 547

211 Ill.Dec. 859

DISCOVERY SOUTH GROUP, LTD., et al., Petitioners-Appellants, v. The POLLUTION CONTROL BOARD, et al., Respondents-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied October 23, 1995.


Attorney(s) appearing for the Case

Samuel J. Vinson, Michael Schneiderman, Christopher W. Zibart, Kathleen M. Burch, Adam M. Kingsley of Hopkins & Sutter, Chicago, for petitioners Discovery South Group, Ltd., Music Center Associates Ltd. Partnership, and Tinley Park Jam Corp.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Daniel N. Malato, Asst. Atty. General, of Counsel, for Illinois Pollution Control Board.

Michael F. Dolan, Ellen D. Gregory, Tina M. Tabacchi, James F. Kosciolek of Jones, Day, Reavis & Pogue, Chicago, for Village of Matteson.


Justice WOLFSON delivered the opinion of the court:

Robert Frost wrote: "Good fences make good neighbors." But what happens when the problem is not something that can be contained by a fence? And when the right of one neighbor to conduct its business enterprise must be measured against the other neighbor's enjoyment of life?

The World Music Theater, an outdoor amphitheater located in Tinley Park, Illinois, opened for business on June 2, 1990. It became immediately...

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