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ILLINOIS POWER CO. v. POLL. CONT. BD

No. 81-627.

112 Ill. App.3d 457 (1983)

445 N.E.2d 820

ILLINOIS POWER COMPANY, Plaintiff-Appellee, v. THE POLLUTION CONTROL BOARD, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed February 1, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Greig R. Siedor, Assistant Attorney General, of counsel), for appellant.

Sheldon A. Zabel and Susan R. Lichtenstein, both of Schiff, Hardin & Waite, of Chicago, for appellee.

Judgment affirmed.

JUSTICE KARNS delivered the opinion of the court:

On October 30, 1981, the circuit court of Madison County granted summary judgment for plaintiff, Illinois Power Company, finding that its petition for permit review had concluded by operation of law for failure of the defendant, Illinois Pollution Control Board (Board), to take final action within 90 days as provided in section 40(a) of the Environmental Protection Act (Ill. Rev. Stat. 1981...

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