People v. Brockman

For the reasons set forth in my dissent in People v. Fiorini (1989), 192 Ill. App. 3d 396, as applicable to the instant case, and for the additional reasons stated below, I respectfully dissent from the majority opinion.

The majority holds that the trial court erred in dismissing that portion of Brockman’s complaint which alleged a claim under section 22.2 of the Illinois Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 1111/2, par. 1022.2). Initially, I note, the amended complaint filed by the State in the original action did not allege a cause of action under section 22.2. Brockman’s…