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ROXANA COMMUNITY UNIT SCHOOL DISTRICT NO. 1 v. WRB REFINING, LP

Docket No. 4-12-0331.

ROXANA COMMUNITY UNIT SCHOOL DISTRICT NO. 1; WOOD RIVER-HARTFORD SCHOOL DISTRICT NO. 15; EAST ALTON-WOOD RIVER COMMUNITY HIGH SCHOOL DISTRICT NO. 14; THE VILLAGE OF ROXANA; ROXANA COMMUNITY PARK DISTRICT; SOUTH ROXANA FIRE PROTECTION DISTRICT; and WOOD RIVER TOWNSHIP HOSPITAL DISTRICT, Plaintiffs-Appellees, v. WRB REFINING, LP, Defendant-Appellant, and THE ENVIRONMENTAL PROTECTION AGENCY; THE POLLUTION CONTROL BOARD; and THE DEPARTMENT OF REVENUE, Defendants.

Appellate Court of Illinois, Fourth District.

Filed August 10, 2012.

Rehearing denied August 27, 2012.

Attorney(s) appearing for the Case

Larry E. Hepler , Beth A. Bauer , Thomas H. Wilson (argued), and Michael P. Murphy , all of Hepler Broom, LLC, of Springfield, for appellant.

Stuart L. Whitt , Joshua S. Whitt , and Brittany Flaherty Theis , all of Whitt Law LLC, of Aurora, and Donald M. Craven (argued) and Esther J. Seitz , both of Donald M. Craven, P.C., of Springfield, for appellee Roxana Community Unit School District No. 1.

Justices Steigmann and McCullough concurred in the judgment and opinion.

OPINION

JUSTICE COOK, delivered the judgment of the court, with opinion.

¶ 1 In March 2012, plaintiffs, several Madison County taxing districts, filed a complaint for injunctive and declaratory relief against defendants, the Illinois Environmental Protection Agency (EPA), the Illinois Pollution Control Board (PCB), the Illinois Department of Revenue (DOR), and WRB Refining, LP. In relevant part, plaintiffs alleged the PCB's proceedings regarding the...

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