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06/30/97 CATHY BEVIS v. ILLINOIS POLLUTION CONTROL

June 30, 1997

CATHY BEVIS, GLADYS SHREVE, RICK MOORE, ELEANOR TOWNS, ELEANOR MORRIS, LEONARD MORRIS, EDDIE BREEZE, LOUISE BREEZE, MARY LEE CUNNINGHAM, LYLE RUTGER, MARIE RUTGER, CHARLES WALKER, AND LENORA WALKER, PETITIONERS,
v.
THE ILLINOIS POLLUTION CONTROL BOARD AND THE WAYNE COUNTY BOARD, WAYNE COUNTY, ILLINOIS, RESPONDENTS.



Petition for Review from Orders of the Illinois Pollution Control Board. PCB No. 95-128. The Opinion Substituted on Grant of Rehearing for Withdrawn Opinion of September 19, 1996, Previously

Presiding Justice Kuehn delivered the opinion of the court. Welch, J., and Goldenhersch, J., concur.

The opinion of the court was delivered by: Kuehn

none [EDITOR'S NOTE: The following court-provided text does not appear at this cite in Ill. App. 3d]

ORDER

This cause having been considered on rehearing, and the court being advised in the premises:

That on September 19, 1996, the court filed its opinion in this matter;

That on October 15, 1996, appellee filed its petition for rehearing;

That on October 24, 1996, the court granted appellee's petition for rehearing;

The court now desires to vacate its previous decision and substitute a new decision.

IT IS HEREBY ORDERED that the decision previously filed in this cause on September 19, 1996, shall be, and the same is hereby, VACATED AND HELD FOR NAUGHT.

IT IS FURTHER ORDERED that the opinion filed on this date shall stand as the decision of the court.

PRESIDING JUSTICE KUEHN delivered the opinion of the court:

Petitioners appeal from a July 7, 1995, order of the Pollution Control Board (PCB). That order denied petitioners' motion for reconsideration of the PCB's May 18, 1995, order dismissing petitioners' appeal of a siting approval. We affirm.

On April 29, 1993, Daubs Landfill, Inc. (Daubs), filed an application to vertically and horizontally expand its Wayne County, Illinois, landfill. A Wayne County citizens group participated in these siting proceedings. On May 4, 1993, the Wayne County Board determined that Daubs's application was incomplete, and on May 24, 1993, Daubs filed an amended application. The Wayne County Board held a hearing on Daubs's first amended application on August 31, 1993. Daubs filed ...


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