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ALTERNATE FUELS, INC. v. DIRECTOR OF ILL. E.P.A.

No. 5-01-0140.

786 N.E.2d 1063 (2003)

337 Ill. App.3d 857

272 Ill.Dec. 229

ALTERNATE FUELS, INC., Plaintiff-Appellant and Cross-Appellee, v. The DIRECTOR OF the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY and The Illinois Environmental Protection Agency, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Fifth District.

March 11, 2003.

Attorney(s) appearing for the Case

Christine G. Zeman, David M. Walter, Hodge Dwyer Zeman, Springfield, for Appellant.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Appellees.

Presiding Justice HOPKINS delivered the opinion of the court:

The plaintiff, Alternate Fuels, Inc. (AFI), appeals from the trial court's denial of a summary judgment on count II of its complaint against the defendants, the Illinois Environmental Protection Agency and its director (collectively, the Agency). The trial court granted AFI's motion for a summary judgment on count I of the complaint, and it granted a "summary determination" on count II in favor of the Agency...

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