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TOWN OF SUGAR LOAF v. E.P.A.

No. 5-98-0199.

712 N.E.2d 393 (1999)

305 Ill. App.3d 483

238 Ill.Dec. 671

The TOWN OF SUGAR LOAF, Plaintiff-Appellee, v. The ENVIRONMENTAL PROTECTION AGENCY, The City of Columbia, Illinois, and Louis I. Mund, Defendants-Appellants (Areawide Management Coordination Board and Southwestern Illinois Metropolitan Regional Planning Commission, a/k/a Southwestern Illinois Planning Commission, Defendants).

Appellate Court of Illinois, Fifth District.

June 15, 1999.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, State of Illinois, Karen J. Dimond, Asst. Attorney General, Chicago, for The Illinois Environmental Protection Agency.

Harry J. Sterling, P.C., Fairview Heights, for Louis I. Mund.

Tom D. Adams, Adams & Huetsch, Columbia, for City of Columbia.

Robert J. Sprague, Sprague & Urban, Belleville, for appellee.

Justice WELCH delivered the opinion of the court:

In September 1995, the City of Columbia (Columbia) sought to obtain authority to provide sewer service to an area within its corporate boundaries (subject area) that was going to be developed. This area was within the facility planning area of the Town of Sugar Loaf (Sugar Loaf). A facility planning area is an area in which a designated management authority, in this case...

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