PEOPLE EX REL. RYAN v. ENVIRON. WASTE RES.

No. 3-01-0489.

782 N.E.2d 291 (2002)

335 Ill. App.3d 751

270 Ill.Dec. 97

The PEOPLE of the State of Illinois, ex rel. James E. RYAN, Attorney General of the State of Illinois, and Lance R. Peterson, State's Attorney of Grundy County, Illinois, Plaintiffs-Appellees, v. ENVIRONMENTAL WASTE RESOURCES, INC., a Connecticut Corporation, Defendant (United Pacific Insurance Company, a foreign insurance company, and The Estate of Fiore F. D'Addario, Intervenors-Appellants).

Appellate Court of Illinois, Third District.

Rehearing Denied January 23, 2003.


Attorney(s) appearing for the Case

Joseph G. Homsy, Christopher E. Tracy, Fognani, Guibord, Homsy & Roberts, Chicago, for Estate of Fiore F. D'Addario.

Carl A. Sinderbrand, Wickwire Gavin, P.C., Madison, WI, for United Pacific Insurance Company.

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

Suzanne B. Sutton, Kaligan & Sutton, Orange, CT, for Environmental Waste Resources, Inc.


Justice HOLDRIDGE delivered the opinion of the court:

The plaintiff, the State of Illinois, requested a summary determination that the defendant, Environmental Waste Resources, Inc., (EWR) violated the closure and post-closure requirements of its operating permit when it ceased operations at its facility in Coal City, Illinois. Intervenor United Pacific Insurance Company (United Pacific) requested a judicial determination of its liability under its surety contract...

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