VILLAGE OF WILSONVILLE v. SCA SERVICES, INC.

No. 52885.

86 Ill.2d 1 (1981)

426 N.E.2d 824

THE VILLAGE OF WILSONVILLE et al., Appellees, v. SCA SERVICES, INC, Appellant.

Supreme Court of Illinois.

Rehearing denied October 19, 1981.


Attorney(s) appearing for the Case

Henry L. Mason III, Thomas M. McMahon, and Robert M. Olian, of Sidley & Austin, of Chicago; Fred C. Prillaman of Mohan, Alewelt & Prillaman, of Springfield; and Stuart Dobbs, of Denby, Dobbs, Meno & Bloomer, of Carlinville (William C. Brashares and Melvin J. Duvall, Jr., of Cladouhos & Brashares, of Washington, D.C., and Lawrence C. Hutchings, of Boston, Massachusetts, of counsel), for appellant.

Paul C. Verticchio, of Gillespie, for appellees Village of Wilsonville and Macoupin County Farm Bureau.

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield (Richard W. Cosby, Ann L. Carr, and A.L. Zimmer, Assistant Attorneys General, of counsel), for the People.

Kenneth R. Boyle, State's Attorney, of Carlinville, for appellee the County of Macoupin.

Eugene H. Bernstein, of Isham, Lincoln & Beale, of Chicago, for amicus curiae Commonwealth Edison Company.

John M. Cannon and Susan W. Wanat, of Chicago, for amici curiae Chicago Association of Commerce and Industry, Illinois Manufacturers' Association, and Mid-America Legal Foundation.

Mary C. Bryant, of Chicago, and Dorothy A. Darrah and Richard S. Mallory, of Washington, D.C., for amicus curiae United States Environmental Protection Agency.

David O. Ledbetter, of Washington, D.C., for amicus curiae United States Department of Justice.

Kirkland & Ellis, of Chicago (Daniel W. Vittum, Jr., Frank L. Winter, and Donald W. Rupert, of counsel), for amici curiae John Sexton Sand & Gravel Corporation and John Sexton Contractors.


Affirmed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

On April 18, 1977, the plaintiff village of Wilsonville (the village) filed a complaint seeking injunctive relief in the circuit court of Macoupin County. Plaintiffs Macoupin County and the Macoupin County Farm Bureau were granted leave to intervene on April 29, 1977, and May 9, 1977, respectively. They filed complaints substantially similar to the village's complaint. The gravamen...

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