Sunday, September 15, 2013

Maggio still challenging landfill expansion vote

By Paul Gorski
Special Report

Martin “Marty” Maggio is waiting for another day in court regarding his challenge of the Winnebago County Board’s decision in July 2012 to approve the expansion of the Winnebago Landfill (WLC). Maggio’s is one of four unrelated lawsuits pending against the landfill.

Maggio challenged the board’s expansion vote in August 2012, claiming, “that WLC failed to properly serve notice of the subject proceeding in accordance with the requirements of §39.2(b) of the Act, 415 ILCS 5/39.2(b).” In layman’s terms, as a nearby landowner, he claims he was not properly notified of the public hearings as required by law, invalidating the hearing process. Proper notification is required to give residents time to prepare for the hearings.

The challenge was first heard by the Illinois Pollution Control Board, which ruled in March 2013 to let the expansion vote stand. Maggio has appealed this decision and expects to be back in court in October.

Maggio also claimed in his original lawsuit that the board was influenced by information offered outside the formal review process and that “the County Board prejudged the Application” for the expansion contrary to hearing process law. Maggio withdrew this part of the suit in January 2013, despite possible evidence to support the claim.

Read the entire article at The Rock River Times website:

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