ILLINOIS POLLUTION CONTROL BOARD
October 10, 1974
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 74—261
ESSANESS THEATRE CORPORATION,
an Illinois corooration,
Respondent.
Mr. Jeffrey S. Herden, attorney for Complainant.
Mr. Jules
G.
Cogan, attorney for Respondent.
INTERIM ORDER OF THE BOARD
(by Dr. Odell)
Respondent moves to dismiss this Complaint on grounds
that the improper party was named Respondent.
We deny the
motion.
Complainant should amend its Complaint to indicate
that Riverdale Drive-In,
Inc.,
not its parent corporation,
Essaness Theatres Corporation,
is the real party in interest.
During the hearing on September
3,
1974,
Respondent stated
that subject outdoor theatre “is owned and operated by
Riverdale Drive-In, Inc.”
(Respondent’s Exhibits 1 and
2)
and that “Essaness Theatres Corporatioh is the parent
corporation of Riverdale Drive—In,
Inc.”
(R.
3),
..
.“a wholly
owned subsidiary”
(R. 8).
Since Riverdale Drive-In,
Inc. has
notice of the nature of this enforcement action,
it should be
given notice of the rescheduled hearing date in this matter.
Amendment of the Complaint can take place either before the
hearing
date or at the beginning of the hearing.
Motion is hereby denied.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify th t the above Opinion and Order was adopted
on the
J~”~
day of
______________,
1974, by a vote of
~?
to
~
4stan~Mofe~~1
14
—
137