STATE OIL CO. v. PEOPLE

Nos. 2-03-0463, 2-03-0493.

816 N.E.2d 845 (2004)

352 Ill. App.3d 813

287 Ill.Dec. 878

STATE OIL COMPANY, William Anest, f/d/b/a S & S Petroleum Products, and Peter Anest, f/d/b/a S & S Petroleum Products, Petitioners-Appellants, v. The PEOPLE of the State of Illinois, The Pollution Control Board, The Environmental Protection Agency, Charles Abraham, Josephine Abraham, and Millstream Service, Inc., Respondents-Appellees. Charles Abraham, Josephine Abraham, and Millstream Service, Inc., Petitioners-Appellants, v. The Pollution Control Board, The People of the State of Illinois, State Oil Company, William Anest, f/d/b/a S & S Petroleum Products, and Peter Anest, f/d/b/a S & S Petroleum Products, Respondents-Appellees.

Appellate Court of Illinois, Second District.

September 30, 2004.


Attorney(s) appearing for the Case

John C. Baumgartner, Churchill, Baumgartner & Quinn, Ltd., Grayslake, for Peter Anest, William Anest, State Oil Company.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Illinois Environmental Protection Agency, Illinois Pollution Control Board, the People in No. 2-03-0463.

A. Bruce White, Barbara A. Magel, Mark D. Erzen, Karaganis, White & Magel, Ltd., Chicago, for Charles Abraham, Josephine Abraham, Millstream Service, Inc.

Pollution Control Board, Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Illinois Pollution Control Board, the People in No. 2-03-0493.


Justice GROMETER delivered the opinion of the court:

This consolidated appeal involves three distinct groups of parties. The State, the petitioner below, initiated this action by filing a complaint naming the two other sets of parties as respondents. The first group of respondents, William Anest and Peter Anest, who formerly did business as S & S Petroleum Products, and State Oil Company (collectively State Oil), consist...

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