ILLINOIS POLLUTION CONTROL BOARD
September 23,
1983
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
)
V.
)
PCB 76—84
SANTA FE PARK ENTERPRISES,
INC.,
Respondent.
DISSENTING OPINION
(by
D.
Anderson):
I agree that the Board in general has authority to
decide constitutional issues which arise
in cases before it.
However,
the Board should not address the constitutionality
of the statute which created it, or any statute which limits
its jurisdiction.
Rather,
the Board should apply the letter
of the law, which in this case clearly calls
for dismissal.
The Attorney General should have gone into Circuit Court for
a declaration that P,A.
82-654
is unconstitutional.
I
therefore respectfully dissent.
Donald B. Anderson
Board Member
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify that the above Dissenting
Opinion was filed on the 36k
day ~
/_~\
/
,!
Christan L, Moffe~,Clerk Illinois
Pollution Control Board
54-71