ILLINOIS POLLUTION CONTROL BOARD
April
11,
1991
LAND
AND
LAKES COMPANY, JMC
)
OPERATIONS,
INC. and NBD TRUST
)
COMPANY OF ILLINOIS, AS TRUSTEE
)
UNDER TRUST NO.
2624EG,
)
)
Petitioners,
)
PCB 91-7
)
(Landfill Siting Review)
)
v.
)
VILLAGE OF ROMEOVILLE,
)
)
Respondent.
DISSENTING OPINION
(by J. Anderson and J.C. Marlin):
We dissent from today’s Order in which the majority denies
Land and Lakes Co., JMC Operations,
Inc. and NBD Trust Company of
Illinois,
as Trustee under Trust No.
2624EG (“Land
& Lakes”)
Motion for Certification of Interlocutory Appeal.
We believe
that:
a)
our February
7,
1991, and March 24,
1991 Orders
involve
a question of law as to which there is substantial ground for
difference of opinion,
and b)
immediate appeal may materially
advance the ultimate termination of the litigation.
Accordingly,
we would have granted Land
& Lakes’ Notion for Certification of
Interlocutory Appeal and certified the following question for
appeal:
Whether
the People of Will County,
as
represented by the State’s Attorney of Will
County,
should be allowed to intervene
in
this landfill siting appeal,
and does the
Board’s distinction between the State’s
Attorney,
as a representative of the People
of Will County,
and the State’s Attorney,
as
a representative of Will County
(i.e.
an
entity of local government),
bear upon the
propriety of the Board’s decision to grant
intervention.
It is for these reasons that we respectfully dissent.
-.;
/i
•)
~
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~Joax~G. Anderson
‘71
~
C~/2L~L~.
JØhn
C. Marlin
12
1—647
2
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the
submitted on the
~
day of
Control Board
1.21—648