CLERK’S 0
ILLINOIS POLLUTION CONTROL BOARD
ICE
OCT
o
3
2003
LOWE TRANSFER, INC. and MARSHALL
)
LOWE,
)
STATE
OF ILUNOIS
Poll~tj0,~
Control Board
Petitioners,
)
)
vs.
)
Case No.
PCB 03-221
)
COUNTY BOARD OF
MCHBNRY COUNTY,)
ILLINOIS
)
)
Respondent.
)
NOTICE
OF FILING
TO:
See Affidavit ofService
PLEASE TAKE NOTICE that
on
October
1, 2003, we mailed for filing
with the Illinois
Pollution
Control Board,
the
attached
Motion
to
Strike
Co-Petitioners’
Reply
to
County’s
Response
to Motion to Deem
Lowe’s Site
Location
Application Approved,
a copy ofwhich is
attached hereto.
Dated: October 1, 2003
Respectfully Submitted,
On behalfofthe County Board ofMcHenry
County, Illinois
By: Hinshaw & Culbertson
~4cMJMJ~
H~J~
(HiL)
One of its Attorneys
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois
61105-1389
815/490-4900
70379161v1 830017
RECE~VE1J~
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT 03
2003
LOWE TRANSFER, INC.
and MARSHALL
STATE OF IWNOIS
o
utlon
Control
Board
Petitioners,
)
)
vs.
)
Case No.
PCB 03-221
)
Pollution Control Facility Siting Appeal
COUNTY BOARD OF MCHEN~Y
COUNTY,)
ILLINOIS
)
)
Respondent.
)
MOTION TO
STRIKE
CO-PETITIONERS’ REPLY TO
COUNTY’S RESPONSE TO
MOTION TO DEEM LOWE’S
SITE LOCATION APPLICATION APPROVED
NOW COMES, Respondent, COUNTY BOARD OF MCHENRY COUNTY, ILLINOIS,
by
and through its
attorneys, HINSHAW
&
CULBERTSON, moving that this
Board strike Co-
Petitioners’
Reply
to
County’s
Response to
Motion to
Deem
Lowe’s
Site Location Application
Approved, and in support thereof states as follows:
1.
On September 25, 2003,
Co-Petitioners filed their Reply to County’s
Response to
Motion
to
Deem
Lowe’s
Site
Location
Application
Approved
in
direct
violation
of section
101.500(e)
of
the
Illinois
Pollution
Control
Board’s
Procedural
Rules,
35
Ill.
Adm.
Code
§
101.500(e).
2.
Section
101.500(e)
explicitly provides that a party
filing
a motion
“will
not have
the right
to
reply,
except
as permitted by
the Board or
the hearing officer to
prevent material
prejudice.”
35
Ill. Adm. Code
§101.500(e).
3.
Co-Petitioners have neither sought nor received permission from the Board or the
hearing officer to file their Reply to
County’s
Response to
Motion to Deem Lowe’s Site Location
Application Approved.
70379147v1 830017
4.
Consequently,
Co-Petitioners’
Reply to
County’s
Response to
Motion
to
Deem
Lowe’s Site Location Application Approved is
in direct violation ofthe Illinois Pollution Control
Board’s Procedural Rules and should, therefore, be stricken by this Board.
WHEREFORE,
Respondent,
COUNTY
BOARD
OF
MCHENRY
COUNTY,
ILLINOIS,
respectfully
requests
that
this
Board
strike
Co-Petitioners
Reply
to
County’s
Response to
Motion to Deem Lowe’s Site Location Application Approved.
Dated: October
I
,
2003
Respectfully Submitted,
RESPONDENT COUNTY BOARD
OF MCHENRY COUNTY, ILLINOIS
By:______________
Charles F. Heisten
Charles F. Heisten
Heather K. Lloyd
HINSHAW &
CULBERTSON
100 Park Avenue
P.O.
Box 1389
Rockford, IL 61105-1389
815-490-4900
2
70379147v1
830017
AFFIDAVIT OF SERVICE
The undersigned, pursuant to
the provisions of Section 1-109. of the Illinois
Code of Civil
Procedure, hereby under
penalty
of perjury under
the
laws of the
United
States
of America,
certifies
that
on
October
1,
2003,
the
Motion
to
Strike
Co-Petitioners’
Reply
to
County’s
Response to Motion to Deem Lowe’s
Site Location
Application Approved,
was sent to:
David McArdle
Zukowski, Rogers, Flood
& McArdle
50 Virginia Street
Crystal Lake, IL
60014
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson
Center
100 W. Randolph St.,
Ste.
11-500
Chicago, IL
60601
Bradley Halloran
Illinois Pollution Control Board
James R.
Thompson Center
100W. Randolph
St., Ste.
11-500
Chicago, IL
60601
By
depositing
a
copy thereof,
enclosed in
an
envelope
in the United
States
Mail
at Rockford,
Illinois,
proper postage prepaid, before the hour of 5:00 P.M.,
addressed as above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box
1369
Rockford,IL
61101
(815) 490-4900
70379160v1
830017