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CONCERNED BOONE CITIZENS, INC. v. M.I.G. INVEST., INC.

No. 2-85-0309.

144 Ill. App.3d 334 (1986)

494 N.E.2d 180

CONCERNED BOONE CITIZENS, INC., et al., Plaintiffs-Appellees, v. M.I.G. INVESTMENTS, INC., Defendant-Appellant (The County of Boone, Defendant-Appellee). — THE COUNTY OF BOONE, Third-Party Plaintiff-Appellee, v. M.I.G. INVESTMENTS, INC., Third-Party Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 4, 1986.

Attorney(s) appearing for the Case

Edward M. Maher, of Clark, McGreevy & Johnson, of Rockford, for appellant.

Gerald Grubb, State's Attorney, of Belvidere, Paul Perona, of Holmstrom & Green, of Peru, and Richard W. Cosby, of Chicago, for appellee County of Boone.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

This appeal presents the question of whether the County of Boone may assess a filing fee to cover its costs of holding a hearing to determine site location suitability of a new regional pollution control facility. For the reasons set forth herein, we find Boone County's filing fee ordinance invalid.

At 1:40 p.m. on February 6, 1985, Attorney Thomas Immel presented to the Boone...

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