Lee County, Illinois v. Lee County Landfill, Inc.

2022 IL App (4th) 220362-U
Appellate Court of Illinois·Decided December 9, 2022·No. 4-22-0362·Unpublished

Opinion

NOTICE 2022 IL App (4th) 220362-U FILED

This Order was filed under NO. 4-22-0362 December 9, 2022 Supreme Court Rule 23 and is Carla Bender not precedent except in the 4th District Appellate limited circumstances allowed IN THE APPELLATE COURT Court, IL

under Rule 23(e)(1).

OF ILLINOIS

FOURTH DISTRICT

LEE COUNTY, ILLINOIS, a Public Corporation and ) Appeal from the Body Politic, ) Circuit Court of Plaintiff-Appellant, ) Lee County v. ) No. 21MR98 LEE COUNTY LANDFILL, INC., an Illinois )

Corporation and REPUBLIC SERVICES, INC., a ) Honorable Delaware Corporation, ) Clayton L. Lindsey, Defendants-Appellees. ) Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court.

Presiding Justice Knecht and Justice Doherty concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed, finding the circuit court properly entered summary judgment because there existed no genuine issue of material fact and defendants were entitled to judgment as a matter of law.

¶2 In November 2021, plaintiff, Lee County, filed a complaint for declaratory judgment, seeking the circuit court’s declaration plaintiff has the right to consider an application for the siting of a second landfill within its geographic boundaries, and the solid waste management agreement between plaintiff and defendants, Lee County Landfill, Inc., and Republic Services, Inc., did not restrict any such right. Pursuant to section 2-1005(c) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1005(c) (West 2020)), defendants moved for summary judgment, contending there was no genuine issue of material fact regarding whether the contractual agreement between the parties prevented plaintiff from enacting a solid waste

management plan intended to establish alternative landfills within Lee County. After substantial briefing and argument, the court granted defendants’ summary judgment motion.

¶3 Plaintiff appeals, arguing the circuit court erred in granting summary judgment in favor of defendants. Plaintiff contends the court erred by enforcing the contract in a way which misinterpreted its terms and ignored the “statutory primacy” of plaintiff’s solid waste management plan over the contract. We affirm.

¶4 I. BACKGROUND

¶5 The following facts are taken from plaintiff’s complaint as well as various documents submitted by the parties. In August 1993, plaintiff adopted a solid waste management plan (Plan) pursuant to section 4(a) of the Solid Waste Planning and Recycling Act (SWPRA) (415 ILCS 15/4(a) (West 1992)), which provided, in part, “each county with a population of less than 100,000, shall submit to the [Environmental Protection] Agency [(Agency)] an officially adopted plan for the management of municipal waste generated within its boundaries.” Relevant to this appeal, section 5(e) of SWPRA (415 ILCS 15/5(e) (West 1992)) requires each county waste management plan to be updated and reviewed every five years.

¶6 In June 1994, plaintiff entered into a solid waste management agreement (Agreement) with defendants, wherein defendants agreed to operate a landfill located within Lee County in exchange for, inter alia, plaintiff’s agreement “to amend its *** Plan by designating the Lee County Landfill as its regional waste disposal facility.” Thereafter, plaintiff amended the Plan to provide that plaintiff would utilize existing sited landfill capacity within Lee County as its long-term disposal option and recognized its agreement with defendants “to continue operation of the Lee County Landfill into the foreseeable future.”

¶7 In October 1998, plaintiff adopted its first five-year update to the Plan (five-year update) which provided plaintiff would “rely on the Lee County Landfill for its long-term disposal capacity pursuant to its *** Agreement with [defendants].” The five-year update further recommended there be no new landfills sited or expanded in Lee County for the next five years.

¶8 In October 2002, the parties adopted an amendment to the Agreement after finding it necessary to do so before defendants filed their intended siting application for the expansion of the Lee County Landfill. In exchange for defendants’ willingness to (1) provide “long-term, environmentally sound landfill disposal capacity for [plaintiff’s] residents and commercial, institutional, and industrial establishments” and (2) pay plaintiff a fee for each ton of waste disposed of in the landfill, plaintiff agreed to amend the Plan “to designate the Lee County Landfill as the sole landfill to be permitted in Lee County, so long as [Lee County Landfill, Inc.] is open and operating the Lee County Landfill *** and is in compliance with the Agreement (as amended) and the *** Plan.”

¶9 In November 2003, plaintiff adopted its 10-year update to the Plan, wherein plaintiff acknowledged its obligations under the October 2002 amendment to the Agreement. The 10-year update also provided “a list of the recommendations approved by the Lee County Board which represent[ed] [plaintiff’s] solid waste policy for the next five years,” which included the following provision:

“The Lee County Landfill as it is currently permitted and as it is anticipated to be expanded, shall be designated as the sole landfill to be permitted anywhere within the borders of Lee County. This sole designation is contingent upon the Lee County Landfill and its expansion remaining open and operating, and remaining in compliance with the *** Agreement, as amended.”

¶ 10 In November 2008, the parties adopted a second amendment to the Agreement after plaintiff sought assurances and investments in the Lee County Landfill from defendants to ensure Lee County’s solid waste disposal needs were met in the future. In exchange for defendants’ willingness to provide plaintiff’s desired assurances and investments, plaintiff agreed “to reaffirm its agreement, commitment, and determination that the [Lee County] Landfill will be the only landfill to be permitted in Lee County.” That same month, plaintiff adopted its 15-year update to the Plan, which reaffirmed the Lee County Landfill’s designation as the “sole landfill” to be permitted within Lee County, so long as it remained open and operating and in compliance with the Agreement.

¶ 11 In March 2012, the parties adopted the third, and final, amendment to the Agreement, wherein plaintiff “recognize[d] the historical and future capability of the [Lee County] Landfill and [defendants] to provide for the solid waste disposal needs of [Lee] County.” Similar to the provisions set forth in the second amendment to the Agreement, defendants again agreed “to ensure the solid waste disposal needs of [Lee] County are met in the future” if plaintiff agreed “to reaffirm its agreement, commitment, and determination that the [Lee County] Landfill will be the only landfill to be permitted in Lee County.” Further, the third amendment provided, “All provisions of the Agreement, the First Amendment, and the Second Amendment not amended by this Third Amendment shall remain in full force and effect.”

¶ 12 In November 2013, plaintiff adopted its 20-year update to the Plan. The 20-year update made no mention of its obligations pursuant to the parties’ March 2012 amendment to the Agreement and no longer included any provision designating the Lee County Landfill as the “sole landfill” to be permitted in Lee County. However, the 20-year update provided plaintiff

would “continue to rely on the *** Lee County Landfill for disposal capacity for at least the next five years.”

¶ 13 In June 2019, plaintiff adopted its 25-year update to the Plan, which recommended plaintiff “position itself as a regional depository for waste generated in northern Illinois.” To that end, the 25-year update provided, “[t]he Lee County Landfill shall no longer be designated as the sole landfill to be permitted within [Lee] County,” and the Lee County Board “retain[ed] the right to site a second landfill in Lee County,” despite the Lee County Landfill’s “projected *** 49 years of remaining capacity.”

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