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TOWN & COUNTRY v. POLLUTION CONTROL BD.

Nos. 101619, 101652.

866 N.E.2d 227 (2007)

225 Ill.2d 103

TOWN & COUNTRY UTILITIES, INC., et al., Appellees, v. The ILLINOIS POLLUTION CONTROL BOARD et al., Appellants.

Supreme Court of Illinois.

March 22, 2007.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Charles F. Helsten, Richard S. Porter, Nancy G. Lischer, of counsel), for appellants County of Kankakee and Edward D. Smith, as State's Attorney of Kankakee County.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Brett E. Legner, Assistant Attorney General, Chicago, of counsel), for appellant Illinois Pollution Control Board.

George Mueller, of Mueller Anderson, P.C., Michael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., all of Ottawa, for appellees.

Justice FITZGERALD delivered the judgment of the court, with opinion:

This case arises out of an application to site a landfill filed by Town & Country Utilities, Inc., and Kankakee Regional Landfill, LLC (collectively, Town & Country). Under the Environmental Protection Act (Act), siting applications are to be heard by a local governing body, here the City of Kankakee (City). 415 ILCS 5/39.2 (West 2002). After a hearing, the City approved the application...

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