Clinton Landfill v. Mahomet Valley Water Authority

SUPREME COURT CASES

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State: Illinois

Court: 4th District Appellate

Docket No: 4-10-0704 Rel

Case Date: 12/23/2010

Preview:NO. 4-10-0704 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT CLINTON LANDFILL, INC., Plaintiff-Appellant, v. MAHOMET VALLEY WATER AUTHORITY, Defendant-Appellee. ) ) ) ) ) ) ) )

Filed 12/23/10

Appeal from Circuit Court of Piatt County No. 09CH55 Honorable John P. Shonkwiler, Judge Presiding.

JUSTICE MYERSCOUGH delivered the judgment of the court, with opinion. Justices Steigmann and Pope concurred in the judgment and opinion. OPINION Plaintiff, Clinton Landfill, Inc., is in the process of seeking the necessary permits for a chemical-waste landfill. In

July 2010, plaintiff filed a motion for a preliminary injunction against defendant, Mahomet Valley Water Authority. Plaintiff

sought to enjoin defendant from contesting or being involved in plaintiff's permitting process on the basis that defendant lacked the authority to do so. The trial court denied plaintiff's

motion for a preliminary injunction. Plaintiff appeals, arguing it established all the requirements for a preliminary injunction. affirm. We disagree and

Plaintiff is essentially seeking to bar defendant, a

governmental entity, from expressing an opinion to another

governmental entity regarding a matter adverse to its stewardship. This it cannot do. I. BACKGROUND Plaintiff operates Clinton Landfill No. 3, which is located in an area known generally as the Mahomet Valley Water District. Defendant is a water authority established pursuant to

the Water Authorities Act (Act) (70 ILCS 3715/1 through 27 (West 2008)). The Act provides for the incorporation of a contiguous 70 ILCS 3715/1 (West 2008). 70 A

territory as a water authority.

water authority is governed by a board of three trustees. ILCS 3715/3 (West 2008). The Act details the powers of the

board, which include inspecting wells, regulating the use of water through a period of actual or threatened shortage, supplementing the water supply, and levying and collecting a general tax. See 70 ILCS 3715/6 (West 2008). A water authority

also has additional powers with respect to any area acquired for reservoir purposes. 70 ILCS 3715/14 (West 2008). The board may

select "an engineer, an attorney[,] and such other employees as they deem expedient who shall serve during the pleasure of the board." 70 ILCS 3715/4 (West 2008). At some unspecified time, plaintiff began the process of obtaining permits for a chemical-waste landfill through the Illinois Environmental Protection Agency (IEPA) and the United States Environmental Protection Agency (USEPA). The chemical-

waste landfill would be located within a portion of Clinton Landfill No. 3. - 2 -

In November 2009, defendant held a special meeting, during which the trustees voted to "become involved in contesting [plaintiff's] permit application" and to retain counsel. In

December 2009, counsel for defendant asked the IEPA to extend the deadline for the filing of public comment. In January 2010,

counsel for defendant made requests, pursuant to the Freedom of Information Act (5 U.S.C.

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