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CITY OF WAUKEGAN v. ILLINOIS E.P.A.

Nos. 2-02-0635, 2-03-0200.

791 N.E.2d 635 (2003)

339 Ill. App.3d 963

274 Ill.Dec. 543

The CITY OF WAUKEGAN, a Municipal Corporation; The Waukegan City Council, the Governing Body of the City of Waukegan; Daniel T. Drew, Mayor of the City of Waukegan, and John Balen, Sam Cunningham, J.A. "Tony" Figueroa, Frank Harris, Jr., Richard Hyde, Patrick R. Needham, John Rickerd, and Lawrence TenPas, Members of the Waukegan City Council; Russ Tomlin, Director of Planning and Zoning; and Chuck Perkey, Building and Planning Director, Plaintiffs and Counter-defendants-Appellees and Cross-Appellants, v. The ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Defendant and Cross-Appellee (North Shore Sanitary District, Defendant and Counterplaintiff-Appellant and Cross-Appellee).

Appellate Court of Illinois, Second District.

June 13, 2003.

Attorney(s) appearing for the Case

Mark E. Furlane, Michael J. Hayes, Francis X. Lyons, Shelia H. Deely, Wallace C. Solberg, Gardner, Carton & Douglas, Chicago, for North Shore Sanitary District.

Michael S. Blazer, Jeffery D. Jeep, Jeffrey R. Diver, The Jeff Diver Group, Wheaton, Brian S. Grach, Robert J. Masini, Waukegan, for John Balen, City of Waukegan, Sam Cunningham, Daniel T. Drew, J.A. Figueroa. Frank Harris Jr., Richard Hyde, Patrick R. Needham, John Rickerd, Lawrence TenPas.

Lisa Madigan, Attorney General, Joel D. Bertocchi, Brian F. Barov, Assistant Attorneys General, Chicago, for Illinois Environmental Protection Agency.

Justice BOWMAN delivered the opinion of the court:

The City of Waukegan (the City) filed suit against the North Shore Sanitary District (the District) and the Illinois Environmental Protection Agency (the Agency) in the circuit court of Lake County, seeking declaratory and injunctive relief with respect to the District's proposed construction of a "Biosolids Reuse Project" in Waukegan. The District filed a counterclaim that, inter alia, asked the court to declare...

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