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CARLSON v. VILLAGE OF WORTH

No. 47334.

62 Ill.2d 406 (1975)

343 N.E.2d 493

HARRY A. CARLSON, Appellee, v. THE VILLAGE OF WORTH, Appellant.

Supreme Court of Illinois.

Supplemental opinion filed on denial of rehearing February 5, 1976.

Attorney(s) appearing for the Case

Staehlin, Jantorni and Sullivan, of Chicago (John M. Sullivan and Philip J. McGuire, of counsel), for appellant.

O'Brien, Trittipo & Carey, Ltd., of Chicago (Peter B. Carey, J. Theodore Meyer and Philip J. Carey, of counsel), for appellee.

Allen S. Lavin, of Chicago (Vincent P. Flood and James B. Murray, of counsel), for amicus curiae Metropolitan Sanitary District of Greater Chicago.

Vescelus, Perry & Pollard, of Wheaton (Ralph R. Bouma, Jr., and John P. Martin, of counsel), for amici curiae Browning-Ferris Industries of Illinois, Browning-Ferris Industries of Rockford, Inc., Vandermolen Disposal Company, and Bernard Vandermolen Disposal Company.

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale and Edmund Hatfield, Assistant Corporation Counsel, of counsel), for amicus curiae, the City of Chicago.

William J. Scott, Attorney General, of Chicago (Marvin Ira Medintz, Assistant Attorney General, of counsel), for amicus curiae the Environmental Protection Agency.

Judgment affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This case concerns the authority of a non-home-rule municipality to superimpose the requirements of its own "environmental protection ordinance" upon the holder of a permit for the operation of a sanitary landfill issued by the State Environmental Protection Agency pursuant to the Environmental Protection Act. On June 9, 1971, the plaintiff, Harry A. Carlson, obtained a permit from...

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