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SOUTHWEST ENERGY v. POLLUTION CONTROL BD.

No. 4-94-0759.

655 N.E.2d 304 (1995)

275 Ill.App.3d 84

211 Ill.Dec. 401

SOUTHWEST ENERGY CORPORATION, Petitioner, v. The ILLINOIS POLLUTION CONTROL BOARD, Concerned Citizens for a Better Environment, and The City of Havana, an Illinois Municipal Corporation, Respondents.

Appellate Court of Illinois, Fourth District.

Decided September 7, 1995.

Attorney(s) appearing for the Case

Val C. Simhauser, argued, Simhauser Law Office, Springfield, for Southwest Energy Corp.

James E. Ryan, Atty. Gen., Barbara A. Preiner, Sol. Gen., Jerald S. Post, Asst. Atty. Gen., argued, Chicago, for Illinois Pollution Control Bd.

George Mueller, argued, Hoffman, Mueller & Creedon, Ottawa, for Concerned Citizens for a Better Environment.

Ricca C. Slone, Peoria, for Concerned Citizens for a Better Environment and City of Havana.

Justice GARMAN delivered the opinion of the court:

Southwest Energy Corporation (Southwest) obtained local siting approval from the City of Havana (Havana) for a waste-to-energy incinerator. A citizen's group, Concerned Citizens for a Better Environment (Concerned Citizens), appealed Havana's decision to the Illinois Pollution Control Board (Board). The Board reversed Havana's siting approval based upon a lack of fundamental fairness in Havana's hearing process. ...

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