Robert N. Nilles, Inc. v. Pollution Control Board

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court;

Petitioner-corporation petitions for review of the Illinois Pollution Control Board’s (the Board) denial of its petition for a variance without a hearing. The issue presented for review is whether the Board erred in summarily dismissing the petition.

Petitioner is in the business of constructing homes. In February of 1970, it contracted to purchase a tract of land which was later subdivided. The Environmental Protection Agency issued sewer permits for the subdivision on November 9, 1970. Shortly thereafter lot 5 was connected and,…