Opinion

Hindman v. Pollution Control Board

  • 42 Ill. App. 3d 766
  • 1 Ill. Dec. 481
  • 356 N.E.2d 669
  • 1976 Ill. App. LEXIS 3198
Court
Appellate Court of Illinois
Filed
Oct 26, 1976
Status
Published
Author
Eberspacher
On the bench
George J. Moran
Cited by
13 cases
Authority
More cited than 10.0%

landowner was liable for refuse fire started on his property even though neither he nor his employees started fire, and cause was unknown

How later courts described this case

  • landowner was liable for refuse fire started on his property even though neither he nor his employees started fire, and cause was unknown

Written by the judges who cited it.

The opinion

Mr. JUSTICE EBERSPACHER, dissenting:

While I concur in the disposition of the charge based on failure to secure the necessary operating permit, I would reverse the order of the Illinois Pollution Control Board on the charge of open burning as being against the manifest weight of the evidence. The one fire on August 21, 1974, which the respondent extinguished after being notified, was all that was shown as the basis for sustaining the charge of open burning. It is undisputed that petitioner did not set the fire, and there is no evidence that the fire was the result of a lack of reasonable care on the part of petitioner. I consider the holdings of McIntyre v. Pollution Control Board, 8 Ill. App. 3d 1026 , 291 N.E.2d 253 , and Alton & Southern Ry. Co. v. Pollution Control Board, 12 Ill. App. 3d 319 , 297 N.E.2d 762 , as applicable to that charge. The cases upon which the majority sustains the Board on that charge, Bath, Cobin and Meadowlark Farms, are, in my opinion, clearly distinguishable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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