VILLAGE OF SOUTH ELGIN v. WASTE MANAGEMENT OF ILLINOIS,INC.
The Board denied complainant’s motion to consolidate this proceeding with PCB 03-104, because the two actions involve different burdens of proof. No duplicative/frivolous determination was made, as respondent filed a motion to dismiss on February 19, 2003.
February 20, 2003VILLAGE OF SOUTH ELGIN,Complainant,v.
WASTE MANAGEMENT OF ILLINOIS,
INC., Respondent.
The Board denies Elgin’s motion to consolidate because the two actions involve different
burdens of proof that prohibit consolidation of the two proceedings.
In June 2002, Waste Management applied for approval to site a transfer facility on the
Woodland site.
Nelson v.
Kane County Forest Preserve,
PCB 94-244 (July 18, 1996). Alternatively, a petitioner challenging a local siting denial mustshow, based only on the evidence in the record, that the local authority’s findings were againstthe manifest weight of the evidence. CONCLUSIONThe ...
Allowed
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