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PEOPLE EX REL. RYAN v. AGPRO, INC.

No. 97986.

824 N.E.2d 270 (2005)

214 Ill.2d 222

291 Ill.Dec. 694

The PEOPLE ex rel. James E. RYAN, Attorney General, Appellant, v. AGPRO, INC., et al., Appellees.

Supreme Court of Illinois.

February 3, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Erik G. Light, Assistant Attorney General, Chicago, of counsel), for appellant.

Donald Q. Manning, of McGreevy, Johnson & Williams, P.C., Rockford, for appellees.

Justice GARMAN delivered the opinion of the court:

In this case we must decide whether section 42(e) of the Environmental Protection Act (the Act) (415 ILCS 5/1 et seq. (West 2002)), authorizes a court to issue a mandatory injunction requiring a polluter to clean up contamination it caused. In 1994 the State brought suit against defendants Agpro, Inc., and David J. Schulte, as an individual and as president of Agpro, Inc., seeking injunctive relief, recovery...

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