{ "id": 3184467, "name": "THE COUNTY OF COOK, Plaintiff and Counterdefendant-Appellee, v. JOHN SEXTON CONTRACTORS CO., Defendant and Counterplaintiff-Appellant.- (THE ENVIRONMENTAL PROTECTION AGENCY, Defendant; COSMOPOLITAN NATIONAL BANK et al., Counterplaintiffs-Appellants; THE VILLAGE OF RICHTON PARK, Intervenor-Appellee.)", "name_abbreviation": "County of Cook v. John Sexton Contractors Co.", "decision_date": "1980-07-07", "docket_number": "No. 79-2179", "first_page": "673", "last_page": "677", "citations": [ { "type": "official", "cite": "86 Ill. App. 3d 673" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "387 N.E.2d 285", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "74 Ill. 2d 574", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2994298 ], "pin_cites": [ { "page": "579" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/74/0574-01" ] }, { "cite": "186 N.E. 152", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": 0 }, { "cite": "352 Ill. 417", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5294885 ], "pin_cites": [ { "page": "426-27" } ], "opinion_index": 0, "case_paths": [ "/ill/352/0417-01" ] }, { "cite": "382 N.E.2d 217", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1933, "opinion_index": 0 }, { "cite": "73 Ill. 2d 19", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5440951 ], "year": 1933, "pin_cites": [ { "page": "25-26" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/73/0019-01" ] }, { "cite": "389 N.E.2d 529", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "75 Ill. 2d 443", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2991283 ], "pin_cites": [ { "page": "450-51" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/75/0443-01" ] }, { "cite": "100 S. Ct. 86", "category": "reporters:federal", "reporter": "S. Ct.", "opinion_index": 0 }, { "cite": "62 L. Ed. 2d 56", "category": "reporters:federal", "reporter": "L. Ed. 2d", "opinion_index": 0 }, { "cite": "444 U.S. 844", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11333152, 11332519, 11333066, 11332747, 11332685, 11332817, 11332883, 11332631, 11332954, 11332572 ], "opinion_index": 0, "case_paths": [ "/us/444/0844-10", "/us/444/0844-01", "/us/444/0844-09", "/us/444/0844-05", "/us/444/0844-04", "/us/444/0844-06", "/us/444/0844-07", "/us/444/0844-03", "/us/444/0844-08", "/us/444/0844-02" ] }, { "cite": "387 N.E.2d 312", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1979, "opinion_index": 0 }, { "cite": "75 Ill. 2d 22", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2989590 ], "year": 1979, "pin_cites": [ { "page": "28" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/75/0022-01" ] }, { "cite": "389 N.E.2d 553", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "75 Ill. 2d 494", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2991646 ], "weight": 3, "pin_cites": [ { "page": "516" }, { "page": "516-17" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/75/0494-01" ] } ], "analysis": { "cardinality": 486, "char_count": 7788, "ocr_confidence": 0.884, "pagerank": { "raw": 4.621887471290392e-08, "percentile": 0.2896968124396442 }, "sha256": "a1806de0f3d08d1d9446934b61c5d78e7dd36b7f02f6787a8e9df0d8a5d1378f", "simhash": "1:c2c4b84579964e43", "word_count": 1219 }, "last_updated": "2023-07-14T21:36:08.867369+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE COUNTY OF COOK, Plaintiff and Counterdefendant-Appellee, v. JOHN SEXTON CONTRACTORS CO., Defendant and Counterplaintiff-Appellant.\u2014 (THE ENVIRONMENTAL PROTECTION AGENCY, Defendant; COSMOPOLITAN NATIONAL BANK et al., Counterplaintiffs-Appellants; THE VILLAGE OF RICHTON PARK, Intervenor-Appellee.)" ], "opinions": [ { "text": "Mr. PRESIDING JUSTICE GOLDBERG\ndelivered the opinion of the court:\nThis record brings before us an attempted continuation of litigation upon matters disposed of by the opinion of the supreme court in County of Cook v. John Sexton Contractors Co. (1979), 75 Ill. 2d 494, 389 N.E.2d 553. A reading of that opinion is essential.\nIn that case, the supreme court affirmed in part, reversed in part, and remanded the cause to the circuit court. The supreme court mandate directed-entry of \u201can order in accordance with the views expressed\u201d in the opinion. We regard this direction as specific. It did not permit further litigation. It required the entry of an order by the circuit court which would stop Sexton\u2019s activity in operation of a sanitary landfill under the existing R-4 zoning of the tract in question. \u201cPrecise and unambiguous directions in a mandate must be obeyed.\u201d Stuart v. Continental Illinois National Bank and Trust Co. (1979), 75 Ill. 2d 22, 28, 387 N.E.2d 312, cert. denied (1979), 444 U.S. 844, 62 L. Ed. 2d 56, 100 S. Ct. 86.\nHowever, the cause did not proceed as directed. Instead, Sexton filed a fourth affirmative defense and added count V to its counterclaim. As Sexton states, these pleadings \u201care essentially similar in form.\u201d They allege the Cook County zoning ordinance in its application to sanitary landfills is invalid and void because it fails to conform to the uniform statewide environmental standards and regulations adopted by the Illinois Pollution Control Board. The county of Cook, plaintiff, filed a motion to strike these additional pleadings. The village of Richton Park, intervenor, filed a motion for judgment on the pleadings on the entire complaint and counterclaim as thus amended.\nOn September 18, 1979, the trial court struck Sexton\u2019s fourth affirmative defense and count V of its counterclaim and granted the motion of the village for judgment on the pleadings. Sexton has appealed from these orders. Sexton\u2019s brief states that on October 16,1979, the trial court entered a permanent injunction restraining Sexton from operating the landfill. No appeal was taken from this order.\nIn this court Sexton urges under the supreme court decision home-rule units have concurrent jurisdiction as to sanitary landfills with the Illinois Environmental Protection Agency and the Illinois Pollution Control Board. But, as a condition to its jurisdiction, the home-rule unit must first have adopted a local zoning ordinance which conforms to the uniform statewide environmental standards adopted by the Pollution Control Board. Sexton also contends the county zoning ordinance is void because it does not conform to the statewide environmental standards and regulations established by the Pollution Control Board.\nI.\nClose reading of the supreme court decision requires us to disagree with Sexton\u2019s first point. The supreme court held the power and authority of the board and of the county are \u201cdistinct but concurrent powers that must be exercised cooperatively in the interest of environmental protection.\u201d (County of Cook, 75 Ill. 2d 494, 516.) Immediately after this language the supreme court added:\n\u201cTo this end, the County, in zoning land for landfill sites, must adhere to the environmental regulations adopted by the Board, while the Agency, operating under the Board\u2019s regulations, must comply with the County\u2019s zoning ordinance when issuing permits for landfill sites. Thus, the authority granted the Board under the Act and the home rule authority granted to the County under the Constitution\u2019s article VII, section 6, can be exercised in unison to accomplish the public policy expressed in article XI, section 1, of the 1970 Constitution.\nWe conclude that Sexton, who has complied with the regulations of the Board, must also comply with the zoning restrictions of the County.\u201d 75 Ill. 2d 494, 516-17.\nUnder no circumstances can we construe the opinion of the supreme court, or any language therein, as requiring a local implementation ordinance as a condition precedent to the validity of the county zoning ordinance as suggested by Sexton.\nII.\nSexton next urges sanitary landfills are allowed as special uses under County Industrial Districts designated as 1-1,1-2,1-3,1-4 and also on Open Land Districts under P-2 zoning. Sexton then compares the requirements of the county ordinance pertaining to sanitary landfills in those zoning districts with the statewide regulations of the Pollution Control Board pertaining to operation and design of sanitary landfills. Sexton concludes the county standards do not conform to the uniform standards required by the Pollution Control Board.\nThis argument overlooks entirely the fact the property here involved and owned by Sexton is located in a county zoning area designated as R-4 devoted to single-family residential uses. It is undisputed that the ordinance expressly forbids location of sanitary landfills in this R-4 zoning. In our opinion, this argument raised by Sexton is therefore factually invalid and legally inapplicable for these reasons:\n(1) Since the Sexton property has been zoned R-4, the ordinance provisions relating to industrial zoning necessarily have no relation to the matter before us. Sexton is attempting to challenge the constitutionality of an ordinance which does not and cannot place Sexton in immediate danger of sustaining any direct injury from any enforcement of industrial zoning by the County. Manifestly, Sexton has no claim, status, or property right which is conceivably capable of being affected by the industrial zoning regulations. Sexton, therefore, lacks standing to attack the industrial zoning provisions of the ordinance. See Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill. 2d 443, 450-51, 389 N.E.2d 529.\n(2) Even if this point did have relevancy to the instant case, it may not be raised by Sexton at this stage of the litigation. This constitutes an attempt to litigate a matter which could have been raised and passed upon by the supreme court in the former case between these identical parties. (See Consolidated Distilled Products, Inc. v. Allphin (1978), 73 Ill. 2d 19, 25-26, 382 N.E.2d 217, quoting from Charles E. Harding Co. v. Harding (1933), 352 Ill. 417, 426-27, 186 N.E. 152):\n\u201c[A] cause of action finally determined between the parties on the merits, by a court of competent jurisdiction, [which] cannot again be litigated by new proceedings before the same or any other tribunal * * *. A judgment or decree so rendered is a complete bar to any subsequent action on the same claim or cause of action, between the same parties or those in privity with them. The doctrine extends not only to the questions actually decided but to all grounds of recovery or defense which might have been presented. [Citations.]\u201d\nThe previous appeal settled all questions which \u201cwere or could have been raised\u201d therein. Serbian Eastern Orthodox Diocese for the United States of America and Canada v. Milivojevich (1979), 74 Ill. 2d 574, 579, 387 N.E.2d 285.\nThis litigation should now be terminated by an affirmance of the order appealed from.\nOrder affirmed.\nMcGLOON and CAMPBELL, JJ., concur.", "type": "majority", "author": "Mr. PRESIDING JUSTICE GOLDBERG" } ], "attorneys": [ "Kirkland & Ellis, of Chicago (Frank L. Winter, of counsel), for appellants.", "Bernard Carey, State\u2019s Attorney, of Chicago (Paul P. Biebel, Jr., Raymond J. Prosser, and James F. Henry, Assistant State\u2019s Attorneys, of counsel), for appellee." ], "corrections": "", "head_matter": "THE COUNTY OF COOK, Plaintiff and Counterdefendant-Appellee, v. JOHN SEXTON CONTRACTORS CO., Defendant and Counterplaintiff-Appellant.\u2014 (THE ENVIRONMENTAL PROTECTION AGENCY, Defendant; COSMOPOLITAN NATIONAL BANK et al., Counterplaintiffs-Appellants; THE VILLAGE OF RICHTON PARK, Intervenor-Appellee.)\nFirst District (1st Division)\nNo. 79-2179\nOpinion filed July 7, 1980.\nRehearing denied August 4, 1980.\nKirkland & Ellis, of Chicago (Frank L. Winter, of counsel), for appellants.\nBernard Carey, State\u2019s Attorney, of Chicago (Paul P. Biebel, Jr., Raymond J. Prosser, and James F. Henry, Assistant State\u2019s Attorneys, of counsel), for appellee." }, "file_name": "0673-01", "first_page_order": 695, "last_page_order": 699 }