Roxana Community Unit School District No. 1 v. WRB Refining

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (4th) 120331
Decision Date: 
August 10, 2012
4th Dist.
Sangamon Co.
Affirmed as modified.
Taxing districts filed complaint for injunctive and declaratory relief alleging that Pollution Control Board (PCB) proceedings for certification of pollution control facilities violated Open Meetings Act. Court was within its discretion in finding that Plaintiffs had raised fair question of standing and violation of Act, and that preliminary injunction was necessary to prevent future violations. However, injunction should not be limited to apply to only meetings as to named parties; in interest of equity and per intent of Act, injunction is modified to preclude all PCB meetings until merits of Plaintiffs' case is determined. (STEIGMANN and McCULLOUGH, concurring.)