ILLINOIS POLLUTION CONTROL BOARD

December 18,

1975

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 75—368

COMMONWEALTH

EDISON

CO.,

an

Illinois Corporation and the

FIRST NATIONAL BANK OF JOLIET,

)

as Trust under Trust Number

724,

~

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Board upon the Motion to

Dismiss Amended Complaint filed on December

3,

1975 by the

First National Bank of Joliet,

as Trustee under Trust No.

724.

First National Bank seeks dismissal of the Amended Complaint

as it concerns itself.

The Board grants Respondent’s motion.

The First National

Bank on December 29,

1970, entered into an agreement with the

Crown—Trygg Corporation establishing Trust No.

724 for the

property on which the solid waste management

site which is the

subject of the Amended Complaint is located.

On January

4,

1971,

the entire beneficial interest in said Trust No.

724

was assigned to Maurice Greenberg and Samual Greenberg, who

took subject to a lease agreement with Commonwealth Edison

Co.

The Trust Agreement indicates that the First National Bank

of Joliet holds mere legal title to the property in question.

First National Bank gains no economic benefit from operations

conducted on the property leased by Cornnionwealth Edison and

has no actual or contractual capacity to control the activities

of Commonwealth Edison Co.

Therefore, the Amended Complaint is

dismissed with prejudice as it concerns the First national

Bank of Joliet.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control B9ard, hereby certi

the a ove Order was adopted on

the

~Jr~

day of

1975 by a vote of

‘1-0

Christan L.

offet

erk

Illinois Pollution

trol Board

19

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