ILLINOIS POLLUTION CONTROL BOARD

April 6, 2004

BARBARA and RONALD STUART,

 

Complainants,

 

v.

 

FRANKLIN FISHER and PHYLLIS FISHER,

 

Respondents.

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PCB 02-164

(Citizens Enforcement - Noise)

HEARING OFFICER ORDER

On March 9, 2004, a hearing was held and completed in this mater. On March 25, 2004,

the complainants filed a motion for leave to supplement the record. The complainants’ motion to

supplement the record include various photographs, brochures, and respondents’ answers to

interrogatories which complainants did not introduce at hearing. On March 29, 2004, the

respondents filed their response. Among other things, respondents object to complainants’

motion on the basis that they would not be afforded the opportunity to cross-examine.

The complainants’ motion to supplement the record is denied. The hearing has

concluded. The complainants did not offer the additional photographs or information at the

hearing. To allow supplementation at this late date would deprive the respondents of their rights

to cross-examine or present opposing testimony regarding the additional photographs and

information.

IT IS SO ORDERED.

 

       

  

  

  

  

 

 

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

312.814.8917