May 25, 1989McLEAN COUNTY DISPOSALCOMPANY, INC., ) Petitioner,v.
) PCB 87—133
THE COUNTY OF McLEAN,Respondent.
McLean County found that MCDC had failed in its
burden of proof as to three of the Section 39.2 statutory sitingcriteria contained in the Environmental Protection Act (“Act”):Criterion No.
at
5 (Jan.
27, 1988).
The Board noted, but did not decide the
fundamental fairness issue involving the lack of a writtentranscript. The courtremanded the proceeding to the Board with directions. at 11, and held that this decision derived “in a fundamentallyunfair manner for this reason.” Id.
Allowed
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