The PEOPLE of the State of Illinois, ex rel. James E. RYAN, Attorney General, and ex rel. Gary Spencer, State's Attorney of Whiteside County, Illinois, Plaintiff-Appellant,
v.
Lewis McFALLS, Defendant-Appellant (Prescott Construction Company; City of Sterling; Rock River Roofing and Siding Company; Thomas Craig; Joseph Craig; Timothy Craig; Wolohan Lumber Company; Marvin R. Lofgren d/b/a Lofgren Construction Company; Leroy E. Dusing; Kevin L. Hohlen; Randy J. Spotts; Christine Spotts; Wayne E. Lapp; Willis C. Simpson; William H. Miller; Jordan Township/Town of Jordan; Willie E. Stanley; Kevin J. Wolf, Individually, and as Owner of Wolf Construction; Kenneth Reitzel d/b/a Reitzel Roofing Company; Gene McFalls, Individually, and as Owner of Northwest Roofing; Robert W. Burger, Individually, and as Owner of Burger Brothers Trucking & Excavating; Commonwealth Edison; and William Frankfother; Defendants-Appellees).
Appellate Court of Illinois, Third District.https://leagle.com/images/logo.png
April 27, 2000.
April 27, 2000.
Attorney(s) appearing for the Case
James Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Edmund C. Baird, Assistant Attorney General (argued), Chicago, Gary L. Spencer, State's Attorney, John Jones, Assistant State's Attorney, Morrison, for the People, James R. Ryan, Gary L. Spencer.
Ronald F. Coplan, Coplan & Heuerman, Morrison, for City of Sterling, Kevin Hohlen, Jordan Township.
Michael R. Albert, Merritt & Albert, Rock Falls, for Wayne E. Lapp, Marvin R. Lofgren, William H. Miller, Kevin Wolf, Wolohan Lumber Company.
Timothy B. Zolllinger (argued), James L. Reese, Ward, Murray, Pace & Johnson, P.C., Sterling, for Robert W. Burger, Prescott Construction Company, Willis C. Simpson, Christine Spotts, Randy J. Spotts.
William R. Shirk, Weinstine, Shirk & Buckwalter, Morrison, for Rock River Roofing and Siding Company.
Mark L. Holldorf, Feldman Law Office, Sterling, for Ken Reitzel.
Edward Dwyer, Jennifer M. Martin, David M. Walter (argued), Hodge & Dwyer, Springfield, for Lewis McFalls.
Sheldon A. Zabel (argued), Patricia M. DeSimone, Schiff, Hardin & Waite, Chicago, for Commonwealth Edison.
Gene McFalls, Sterling, for Gene McFalls.
Wilbur Frankfother, Rock Falls, for Wilbur Frankfother.
Appellate Court of Illinois, Third District.
Presiding Justice SLATER delivered the opinion of the court:
The State filed a 51-count amended complaint alleging that Lewis McFalls, Commonwealth Edison Company (ComEd), and 22 other defendants had violated subsections 21(a) and 21(p)(1) of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/1 et seq. (West 1996)). 415 ILCS 5/21(a), 21(p)(1) (West 1996). On ComEd's motion, the trial court dismissed all counts of the complaint except those directed...
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