(Download) "People Ex Rel. Scott v. Janson" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: People Ex Rel. Scott v. Janson
- Author : Supreme Court of Illinois
- Release Date : January 29, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Rehearing denied June 28, 1974. On October 16, 1970, the People of the State of Illinois ex rel. William J. Scott, Attorney General, and Robert S. Calkins, State's Attorney of Peoria County (hereafter plaintiffs), filed an action in the circuit court of Peoria County against Charles M. Janson (hereafter defendant) and others. Plaintiffs sought to enjoin defendant's use of land as a commercial garbage dump in violation of certain provisions of the Environmental Protection Act (Ill. Rev. Stat., 1970 Supp., ch. 111 1/2, par. 1001 et seq.) until the premises were placed in compliance with that statute and to impose monetary penalties for the violations. They further prayed that a hearing be conducted and a permanent injunction issue. The trial court granted an ex parte injunction as permitted by this statute when immediate danger to the public health might exist. (Ill. Rev. Stat., 1970 Supp., ch. 111 1/2 par. 1043.) The matter was also set for hearing. A monetary penalty was ultimately assessed against defendant and he was adjudged in contempt of court for failure to produce books and records after citation proceedings were commenced to discover assets to satisfy the penalty. He was ordered confined to the county jail until such time as he complied with the court's prior directive to produce the documents. The appellate court, one justice dissenting, reversed and found that the trial court did not have the requisite subject-matter jurisdiction to assess a penalty or enter the contempt order. (People ex rel. Scott v. Janson, 10 Ill. App.3d 787.) We granted leave to appeal. The issue now presented is whether the necessary jurisdiction existed.