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SOLVE v. ILLINOIS CEMENT CO.

No. 3-99-0315.

725 N.E.2d 386 (2000)

311 Ill. App.3d 747

244 Ill.Dec. 275

SAVE OUR LITTLE VERMILLION ENVIRONMENT, INC., Plaintiff-Appellee, v. ILLINOIS CEMENT COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 17, 2000.

Attorney(s) appearing for the Case

John S. Duncan, T. Donald Henson, Herbolsheimer, Lannon, Henson, Duncan & Reagan P.C., LaSalle, Michele Odorizzi (argued), Jeffrey W. Sarles, Mayer, Brown & Platt, Chicago, for Illinois Cement Company.

Robert M. Eschbach, Ottawa, Edwin R. McCullough (argued), Chicago, for Save Our Little Vermillion Environment, Inc.

Justice SLATER delivered the opinion of the court:

Plaintiff, Save Our Little Vermillion Environment, Inc. (SOLVE), a nonprofit corporation, filed a complaint for declaratory and injunctive relief against defendant Illinois Cement Company. SOLVE sought to prevent Illinois Cement from mining limestone on a parcel of land (the property) adjacent to Illinois Cement's existing quarrying operation. The trial court granted summary judgment in favor of SOLVE, finding that...

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