ILLINOIS POLLUTION CONTROL BOARD

May 22, 1986

M.I.G.

INVESTMENTS,

INC., and

UNITED BANK

OF ILLINOIS,

)

Petitioner,

)

v.

)

PCB 86—49

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On May 19,

1986,

the Illinois Environmental Protection

Agency (“Agency”)

filed

a Motion

to Dismiss (claiming

the Board

lacks subject matter jurisdiction over this matter)

and

a Motion

in Limirie seeking an order precluding petitioner from

introducing, at

the June

5 hearing, evidence or argument

pertaining

to the legal validity of the Boone County Ordinance.

The motion

to dismiss

is not yet ripe and will be decided

in the

future.

Although the motion

in limine

is also not ripe,

it

relates

to the June

5 hearing and the Board will dispose of

it

today.

The motion

in limine

is denied.

First,

the Board has not

had the benefit of

a response from M.I.G. Investments,

Inc. and

response time has not run.

Second,

the Agency’s motion does not

provide the Board with certified copies of any of the court

documents upon which they base their claim

for

a protective

order.

And third,

any evidence or argument pertaining

to the

validity of ordinances which

the Board

ultimately determines

to

be improperly included

in the record (after the benefit of

opposing argument) may be excluded from consideration by a motion

to strike.

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the~2’-~dayof

___________________,

1986, by a vote

of

__________.

~7.

Dorothy M.

Gkánn,

Clerk’

Illinois Pollution Control Board