CITY OF MORRIS v. COMMUNITY LANDFILL CO.

Nos. 3-09-0847, 3-09-0864.

957 N.E.2d 476 (2011)

354 Ill. Dec. 160

The CITY OF MORRIS, an Illinois Municipal Corporation, Petitioner-Appellant, v. COMMUNITY LANDFILL COMPANY, an Illinois Corporation, the People ex. rel. Lisa Madigan, Attorney General of the State of Illinois, the Illinois Pollution Control Board, and the State of Illinois, Respondents-Appellees. Community Landfill Company, an Illinois Corporation, Petitioner-Appellant, v. Illinois Pollution Control Board, the People ex rel. Lisa Madigan, Attorney General of the State of Illinois, the City of Morris, an Illinois Municipal Corporation, and the State of Illinois, Respondents-Appellees.

Appellate Court of Illinois, Third District.

August 5, 2011.


Attorney(s) appearing for the Case

Nancy G. Lischer , Hinshaw & Culbertson, Chicago, George F. Mahoney, III , R. Peter Grometer (argued), Grant S. Wegner , Mahoney, Silverman & Cross LLC, Joliet, Charles F. Helsten , Hinshaw & Culbertson, Rockford, Scott M. Belt , Scott M. Belt & Associates, P.C., Morris, for City of Morris.

Mark A. LaRose (argued), LaRose & Bosco, Ltd., Chicago, Michael T. Reagan , Law Offices of Michael T. Reagan, Ottawa, Clarissa Y. Cutler , Chicago, for Community Landfill Co.

Lisa Madigan , Attorney General, Laura M. Wunder (argued), Assistant Attorney General, Michael A. Scodro , Solicitor General, for Illinois Pollution Control Board.


OPINION

Justice LYTTON delivered the judgment of the court, with opinion.

¶ 1 The State filed a complaint with the Illinois Pollution Control Board (Board) against Community Landfill Co. (CLC) and the City of Morris, alleging that CLC and the City were conducting disposal operations in violation of the financial assurance requirements of the Environmental Protection Act (Act) (415 ILCS 5/21 (West 2008...

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