ENVIRONMENTAL PROTECTION AGENCY v.
AJAX SAND AND GRAVEL, INC. an Illinois corporation, HARRIS TRUST& SAVINGS BANK, as Trustee under
Trust #31605 and WESTERN NATIONAL BANK OF CICERO, a National Bank Corporation, as Trustee under its
Trust #3513, GARY-WHEATON BANK
as Trustee under Trust #1176
August 23, 1973ENVIRONMENTAL PROTECTION AGENCY,Complainant,vs.
Henss)
Respondents move to strike the Complaint on the followinggrounds: that imposition of a fine by this Board is not permittedunder the Constitution; that the procedure being followed deprivesRespondents of their right to a jury trial.
This issue has been
decided differently by the Appellate Courts of this State.
This is
entirely consistent with Section 13 of Article 1 of the 1970Illinois Constitution which provides ‘~theright of trial by juryas heretofore enjoyed shall remain inviolate.~ The Constitutiondoes not guarantee trial by jury in special statutory proceedingsof th...
Allowed
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