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ILLINOIS POLLUTION CONTROL BOARD
June 18, 2008
FOX MORAINE, L.L.C.,
Petitioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
KENDALL COUNTY,
Intervenor.
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PCB 07-146
(Pollution Control Facility
Siting Appeal)
HEARING OFFICER ORDER
Procedural History
On July 12, 2007, the Board accepted petitioner’s petition for hearing. On August
23, 2007, the Board granted Kendall County’s motion to intervene. On December 6,
2007, the Board denied friends of Greater Yorkville (FGY) motion to intervene. The
Board did, however, allow FGY to file an amicus curie brief with the Board consistent
with the briefing schedule when established by the hearing officer. On May 20, 2008,
FGY filed a motion to compel case participants to add FGY to service lists. On May 23,
2008, petitioner filed a response to FGY’s motion to compel.
FGY Motion To Compel
FGY cites to the definition of service list in support of its motion that “the
Hearing Officer enter an Order compelling the
other parties
to this case to serve copies
of all documents that the participants file with the Clerk upon the attorney for Friends of
Greater Yorkville”. Motion at 2. (emphasis added)
See
Section 101.202 of the Board’s
procedural rules.
Petitioner’s Response to Motion to Compel
Petitioner argues that since FGY is not a party to the above-captioned matter, they
have no standing to file motions and their motion to compel should be denied. Petitioner
adds that “[t]here is no rule which requires a non-party to be placed on a service list
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simply because they have been granted leave to file an Amicus Brief, nor is there
authority for such a proposition”. Response at 1.
Ruling
Petitioner is correct in its assertion that FGY is not a party to the above-captioned
proceeding. FGY, however, is a participant, and is listed on the Board’s docket sheet
under service list.
See
Section 101.202 of the Board’s procedural rules. The Board’s
rules are unclear whether parties are required to serve participants listed on the service
list, but the rules allow the hearing officer discretion regarding service issues.
See
Section 101.202 of the Board’s procedural rules. To that end, FGY’s motion is granted
and the hearing officer directs from this date forward that all parties and participants
listed on the Board’s service list serve each other copies of all documents that are filed
with the Clerk of the Board.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on June 26, 2008, at 1:30 p.m. Please inform
the hearing officer if this date and time is inconvenient. The telephonic conference must
be initiated by the petitioner, but each party is nonetheless responsible for its own
appearance. The petitioner represented that the conference call-in number will be the
same as on May 8, 2008. At the conference the parties must be prepared to discuss the
status of the above-captioned matter and their readiness for hearing.
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
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order was mailed, first class,
on June 18, 2008 to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on June 18, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
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y Attorney
Road
PCB 2007-146
Derke J. Price
Ancel, Glink, Diamond, Bush & Krafthefer, P.C.
140 South Dearborn Street
Sixth Floor
Chicago, IL 60603
PCB 2007-14
Charles F. Helste
Hinshaw & Culbertso
100 Park Avenu
P.O. Box 138
Rockford, IL 61105-138
PCB 2007-146
Jeffery D. Jeep, Esq.
Jeep & Blazer, L.L.C.
24 Niorth Hillside Avenue
Suite A
Hillside, IL 60162
PCB 2007-14
Leo P. Dombrowsk
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
Anthony G. Hopp
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-14
Thomas I. Matya
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
James B. Harvey
Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, IL 60435
PCB 2007-14
George Muelle
Mueller Anderson, P.C
609 Etna Roa
Ottawa, IL 6135
PCB 2007-146
Ms Valierie Burd, Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
PCB 2007-14
Michael Roth, Interim Cit
City of Yorkville
800 Game Farm
Yorkville, IL 60560
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PCB 2007-146
Eric C. Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, IL 60560
PCB 2007-14
James Knippe
Walsh Knippen Kinght & Pollic
2150 Manchester Roa
Suite 20
Wheaton, IL 60187-247
