Town & Country Utilities, Inc. v. Illinois Pollution Board

State: Illinois

Docket No: 101619, 101652 cons. Rel

Case Date: 03/22/2007

Preview:Docket Nos. 101619, 101652 cons.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

TOWN & COUNTRY UTILITIES, INC., et al., Appellees, v. THE ILLINOIS POLLUTION CONTROL BOARD et al., Appellants. Opinion filed March 22, 2007.

JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

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. The County of Kankakee (County) petitioned for a hearing before the Illinois Pollution Control Board (Board) to contest the City's decision. 415 ILCS 5/40.1 (West 2002). The Board reversed the City's finding that the application met the statutory criterion that the site be "so designed, located and proposed to be operated that the

public health, safety and welfare will be protected." 415 ILCS 5/39.2(a)(ii) (West 2002). Town & Country appealed. 415 ILCS 5/41 (West 2002); 735 ILCS 5/3

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