Citations
- 64 Ill. App. 3d 522
Full opinion text
Mr. JUSTICE GEORGE J. MORAN
delivered the opinion of the court:
Plaintiffs, Harold Broverman and Theodora Baker, owners of Taylorville Landfill, appeal from a judgment of the circuit court of Christian County finding their small claim action in contract brought to recover *106.66 allegedly owed by defendant, City of Taylorville, was not enforceable because plaintiffs did not have an operating permit as required by the statutes of the Environmental Protection Act, and the Solid Waste Rules and Regulations created thereunder. HI. Rev. Stat. 1975, ch. 111M, pars. 1021(e), 1022; Solid Waste Rules and Regulations, ch. 7, pt. 2, rule 202(b)(1).
The relevant facts of this case are as follows: On August 18, 1975, the parties to this suit entered into a contract which provided in pertinent part:
“THIS AGREEMENT, made this 18th day of August, 1975, by and between the City of Taylorville, a municipal corporation of the State of Illinois, hereafter called City, and Harold Broverman and Theodora Baker, d/b/a Taylorville Landfill, hereafter called Operator, WITNESSETH:
WHEREAS, the Operator is the contract purchaser and is currently in possession of certain real estate described as follows: