PEOPLE OF THE STATE OF ILLINOIS v. STATE OIL COMPANY, WILLIAM ANEST f/d/b/a S&S PETROLEUM PRODUCTS, PETER ANEST f/d/b/a S&S PETROLEUM, CHARLES ABRAHAM, JOSEPHINE ABRAHAM and MILLSTREAM SERVICE, INC. / CHARLES ABRAHAM, JOSEPHINE ABRAHAM and MILLSTREAM SERVICE, INC. v. WILLIAM ANEST and PETER ANEST
The Board denied respondent’s Anests’ motion for summary judgment against the Abrahams on their cross-complaint, but struck count II of the cross-complaint and any portion of the cross-complaint that seeks reimbursement of penalties. The Board granted complainant’s motion for partial summary judgment against respondents State Oil and Anests. The Board granted complainant’s motion for summary judgment against the Abrahams and Millstream in part and denied it in part. Specifically, the motion for summary judgment was granted as to count I of the complainant’s complaint that alleged a violation of Section 12(a) of the Act (415 ILCS 5/12(a) (2000)), but denied as to count II of the complainant’s complaint seeking reimbursement for costs incurred by the State pursuant to Section 57.12 of the Act. 415 ILCS 5/57.12 (2000). Finally, the Board denied the motion for summary judgment filed by the Abrahams and Millstream against the complainant on count II of the complainant’s complaint. This matter was ordered to hearing in order to adjudicate the remaining allegations and penalty issues.