WILL COUNTY v. VILLAGE OF ROCKDALE

Appeal Nos. 3-16-0463 and 3-16-0496.

121 N.E.3d 468 (2018)

2018 IL App (3d) 160463

WILL COUNTY, Petitioner, v. The VILLAGE OF ROCKDALE; The Board of Trustees of the Village of Rockdale; Environmental Recycling and Disposal Services, Inc.; and The Illinois Pollution Control Board, Respondents. Waste Management of Illinois, Inc., Petitioner, v. The Village of Rockdale; The Board of Trustees of the Village of Rockdale; Environmental Recycling and Disposal Services, Inc.; and The Illinois Pollution Control Board, Respondents.

Appellate Court of Illinois, Third District.

Modified Upon Denial of Rehearing November 27, 2018.


Attorney(s) appearing for the Case

Joshua G. Vincent , Charles F. Helsten , and Peggy L. Crane , of Hinshaw & Culbertson LLP, of Chicago, for petitioner Will County.

Donald J. Moran and Stan C. Sneeringer , of Pedersen & Houpt, P.C., of Chicago, for petitioner Waste Management of Illinois, Inc.

Dennis G. Walsh , of Klein, Thorpe & Jenkins, Ltd., of Chicago, and Michael R. Stiff , of Spesia & Ayers, of Joliet, for respondents Village of Rockdale and the Board of Trustees of the Village of Rockdale.

George Mueller , of Mueller Anderson, P.C., of Ottawa, for respondent Environmental Recycling and Disposal Services, Inc.

Lisa Madigan , Attorney General, of Chicago ( David L. Franklin , Solicitor General, and Valerie Quinn , Assistant Attorney General, of counsel), for respondent Illinois Pollution Control Board.


OPINION

¶ 1 Respondent Environmental Recycling and Disposal Services, Inc. (ERDS), filed a siting application seeking approval for a pollution control transfer station. A hearing on the application was held, and the hearing officer found that ERDS failed to meet certain...

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