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STRUBE v. ILLINOIS POLLUTION CONTROL BD.

No. 3-92-0468.

610 N.E.2d 717 (1993)

242 Ill. App.3d 822

182 Ill.Dec. 848

In the Matter of Fred M. STRUBE and Cynthia L. Strube, d/b/a Strube's 66, Petitioners-Appellants, v. ILLINOIS POLLUTION CONTROL BOARD and Illinois Environmental Protection Agency, Respondents-Appellees.

Appellate Court of Illinois, Third District.

March 15, 1993.

Attorney(s) appearing for the Case

Diana M. Jagiella, Howard & Howard, Peoria, IL, for Fred M. Strube, Cynthia L. Strube, Strube's 66.

Susan Frederick Rhodes (argued), Asst. Atty. Gen., Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for Ill. E.P.A. and Ill. Pollution Control Bd.

Thomas Henry, Henry & Henry, Peoria, for Ill. Pollution Control Bd.

Presiding Justice McCUSKEY delivered the opinion of the court:

The plaintiffs, Fred and Cynthia Strube, appeal from the decision of the Illinois Pollution Control Board (the Board) denying their reimbursement request for the cost of replacing a concrete driveway, which had to be destroyed to allow the removal of soil contaminated by petroleum. The Illinois Environmental Protection Agency (IEPA) denied the Strubes' reimbursement request. The Board affirmed the IEPA...

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