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PEOPLE EX REL. RYAN v. DAVIES

Nos. 3-99-0346, 3-99-0401.

729 N.E.2d 516 (2000)

313 Ill. App.3d 238

246 Ill.Dec. 143

The PEOPLE ex rel. James E. RYAN, Plaintiff-Appellant, v. Arthur and Margaret DAVIES, and Forest Gittings, d/b/a FTR Tire Service, Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 27, 2000.

Attorney(s) appearing for the Case

James Ryan, Attorney General, Jerald S. Post, Assistant Attorney General (argued), Joel D. Bertocchi, Solicitor General, Chicago, for the People.

Richard L. Whitman, Sr. (argued), Stansell, Whitman & Baber, Monmouth, for Arthur Davies, Margaret Davies.

John R. Rehn, Barash & Stoerzbach, Galesburg, for Forest Gittings.

Justice BRESLIN delivered the opinion of the court:

The State filed suit against defendants, Arthur and Margaret Davies and Forest Gittings, to recover $9,938.58 in cleanup costs spent by the Environmental Protection Agency (Agency) to remove 5,000 to 6,000 tires on the Davieses' property. The trial court found that section 55.3 of the Environmental Protection Act (Act)(415 ILCS 5/55.3 (West 1998)), which allows the State to clean up waste tire accumulations and recover...

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