BEVIS v. ILLINOIS POLLUTION CONTROL BD.

No. 5-95-0561

681 N.E.2d 1096 (1997)

289 Ill. App.3d 432

224 Ill.Dec. 475

Cathy BEVIS, Gladys Shreve, Rick Moore, Eleanor Towns, Eleanor Morris, Leonard Morris, Eddie Breeze, Louise Breeze, Mary Lee Cunningham, Lyle Rutger, Marie Rutger, Charles Walker, and Lenora Walker, Petitioners, v. The ILLINOIS POLLUTION CONTROL BOARD and The Wayne County Board, Wayne County, Illinois, Respondents.

Appellate Court of Illinois, Fifth District.

June 30, 1997.


Attorney(s) appearing for the Case

William R. Tapella, II, Shick & Tapella, Charleston, for Petitioners.

James E. Ryan, Atty. Gen., Barbara A. Preiner, Sol. Gen., Jan E. Hughes, Asst. Atty. Gen., Chicago, for Illinois Pollution Control Bd.

Patrick D. Shaw, Stephen F. Hedinger, Mohan, Alewelt, Prillaman & Adami, Springfield, for Daubs Landfill, Inc. (Amicus Curiae)


Presiding Justice KUEHN delivered the opinion of the court:

Petitioners appeal from a July 7, 1995, order of the Pollution Control Board (PCB). That order denied petitioners' motion for reconsideration of the PCB's May 18, 1995, order dismissing petitioners' appeal of a siting approval. We affirm.

On April 29, 1993, Daubs Landfill, Inc. (Daubs), filed an application to vertically and horizontally expand its Wayne County, Illinois, landfill. A Wayne County...

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