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PEOPLE EX REL. MADIGAN v. DIXON-MARQUETTE CEMENT, INC.

No. 2-02-0638.

796 N.E.2d 205 (2003)

343 Ill. App.3d 163

277 Ill.Dec. 490

The PEOPLE ex rel. Lisa MADIGAN, Attorney General of Illinois, Plaintiff-Appellant, v. DIXON-MARQUETTE CEMENT, INC., a Delaware Corporation, and Prairie Material Sales, Inc., an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois, Second District.

August 27, 2003.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Joel D. Bertocchi, Michael P. Doyle, Carl J. Elitz, Assistant Attorneys General, Chicago, for People ex rel. James E. Ryan.

Michael F. Dolan, Jane K. Murphy, Jeffrey R. Weiland, Chicago, Douglas E. Lee, Ehrmann, Gehlbach, Beckman, Badger & Lee, Dixon, for Dixon-Marquette Cement, Inc., Prairie Material Sales, Inc.

Presiding Justice HUTCHINSON delivered the opinion of the court:

In September 2000 plaintiff, the Illinois Attorney General, filed a nine-count complaint against defendants, Dixon-Marquette Cement, Inc. (Dixon-Marquette) and Prairie Material Sales, Inc. (Prairie Material), seeking injunctive relief and civil penalties based on alleged violations of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/1 et seq. (West 2000)) and the Pollution Control...

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