People v. Lincoln, LTD

              SIXTH DIVISION
June 13, 2008
No. 1-07-2517
THE PEOPLE ex rel., LISA MADIGAN, Attorney General of the State of
Illinois,
Plaintiff-Appellee,
v.
LINCOLN, LTD., an Illinois Corporation, and JOHN EINODER, an
Individual,
Defendants-Appellants
(The Village of Ford Heights,
Intervenor-Defendant-Appellant;
Land of Lincoln Development Company, an Illinois Corporation Formerly
Known as Composting Corporation of America, an Illinois Corporation,
Donald P. Clark, an Individual, Leslie E. Clark, an Individual, Donald A.
Demorest, an Individual, Louis F. Cainkar, an Individual, Ruth F. Cainkar,
an Individual, Standard Bank and Trust Company of Hickory Hills, as
Trustee under Trust No. 1575, Unknown Owners as Beneficiaries Under
Trust No. 1575, State Bank of Countryside, as Trustee under Trust No.
91-1098, and Unknown Owners as beneficiaries under Trust No. 91-1098,
Defendants).
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Appeal from
the Circuit Court
of Cook County
04 CH 12782
Honorable
Philip L.
Bronstein,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
At the request of the Illinois Environmental Protection Agency, the Attorney General for
the State of Illinois filed an action for injunction and civil penalties against Lincoln, Ltd., and
Lincoln, Ltd.’s principal, John Einoder, for operating a “construction or demolition debris”
landfill in Ford Heights, Illinois, without a permit and in violation of section 21(d)(2) of the
Illinois Environmental Protection Act (415 ILCS 5/21(d)(2) (West 2006) (Act)). The People also