# Wells Manufacturing Co. v. Pollution Control Board

> Illinois Supreme Court · October 6, 1978 · 73 Ill. 2d 226

URL: https://www.frixlaw.com/law-library/cases/9527595

## Case

- **Full name:** WELLS MANUFACTURING COMPANY, Appellee, v. THE POLLUTION CONTROL BOARD Et Al.—(The Environmental Protection Agency, Appellant.)
- **Court:** Illinois Supreme Court
- **Decided:** October 6, 1978
- **Citations:** 73 Ill. 2d 226; 22 Ill. Dec. 672; 383 N.E.2d 148; 1978 Ill. LEXIS 357
- **Precedential status:** Published
- **Opinion:** Dissent by Goldenhersh
- **Judges:** Underwood, Goldenhersh, Clark
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9527595

## Opinion text

MR. JUSTICE GOLDENHERSH, dissenting:
I join in the dissent of Mr. Justice Clark, and add the further comment that even were we to allocate the burden of proof in the manner suggested by the majority, the record sustains the Board’s findings. In my opinion the majority’s characterization of the expert testimony as “contradictory” (73 Ill. 2d at 238) is erroneous and the record would support the finding that any of the three methods suggested would substantially abate the foundry odors. The record shows, too, that Marshall Wells, president of the defendant company, admitted the feasibility of one of the methods and expressed the opinion that it merited further exploration. I would reverse the appellate court and affirm the order of the Pollution Control Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9527595. Public record. Not legal advice.