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WASTE MANAGEMENT v. POLLUTION CONTROL BD.

No. 3-03-0924.

826 N.E.2d 586 (2005)

356 Ill. App.3d 229

292 Ill.Dec. 445

WASTE MANAGEMENT OF ILLINOIS, INC., a Delaware corporation, Petitioner-Appellant, v. ILLINOIS POLLUTION CONTROL BOARD, County of Kankakee, County Board of Kankakee, City of Kankakee, Merlin Karlock, Keith Runyon, and Michael Watson, Respondents-Appellees.

Appellate Court of Illinois, Third District.

March 23, 2005.

Attorney(s) appearing for the Case

Donald J. Moran (argued), Lauren Blair, Pederson & Houpt, P.C., Chicago, for Waste Management of Illinois, Inc.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Karen J. Dimond, Assistant Attorney General (argued), Chicago, for Illinois Pollution Control Board.

George Mueller, Ottawa, for Merlin Karlock.

David E. Neumeister (argued), Jennifer J. Sackett Pohlenz, Jennifer L. Medenwald, Querrey & Harrow, Ltd., Chicago, for Michael Watson.

Richard S. Porter (argued), Charles F. Helsten, Heather K. Lloyd, Hinshaw and Culbertson, LLP, Rockford, for Kankakee County Board.

Kenneth A. Leshen, Leshen & Sliwinski, P.C., L. Patrick Power, Power & Kick, Kankakee, for PCB 03-125.

Keith Runyon, Bourbonnais, for Keith Runyon.

Justice McDADE delivered the opinion of the court:

In this appeal from proceedings before the Illinois Pollution Control Board (IPCB), the petitioner, Waste Management of Illinois, Inc., appeals from a reversal by the IPCB of a grant of approval for the expansion of a landfill in Kankakee County granted by the Kankakee County Board. The IPCB found that the petitioner had failed to give proper notice of its filing for approval to one out of 76 potentially affected...

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