State of Illinois
Pollution Control Board
James R
. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
http:
//www
.
ipcb.state
.
il.us
/
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In The Matter Of:
)
)
Joseph & Victoria Morrissey
)
)
)
Complainant(s),
)
)
v
.
)
)
Geoff Pahios and Alpine Automotive, Inc
)
)
)
Respondent( s)
)
PCB
09 - 10
(For Bo
ard use only)
Answer to First Affirmative Defense
In the "Answer to Formal Complaint", the Respondents stated that the Complainants
have "Come to the Nuisance" since the Complainant's
house was built ten (10) years
ago and the industrial park where the Respondent's
business is located has been in
operation for thirty (30) years
. The Complainants
admit that Alpine Automotive,
Inc.
did, in fact,
operate
in a different
part of the industrial
park at the time the
Complainants built their house.
The Complainants
did not file a Formal Complaint against the industrial park
. The
Complainants filed a Formal Complaint against the Respondent after the Respondent,
Geoff Pahios/Alpine
Automotive,
Inc., moved from a location
in the center of the
industrial park
, where no residents are located, to a location immediately adjacent to
residential homes, which include the Complainant's,
and began operations on July 1
,
2007. So while the noise that the Respondent was creating may have been acceptable
when the Respondent's business was surrounded by Class B and/or Class C land, the
sound emitted to a Class A land now exceeds
legal decibel levels and creates a
significant and on-going nuisance.
•
Electronic Filing - Received, Clerk's Office, October 6, 2008
Answer to First Affirmative Defense
PCB 09-10
Page Two
So, in effect, the "Nuisance Came to Us." Therefore, we respectfully request that the
Board not dismiss this case with prejudice, as the Respondent has requested.
Respectfully submitted,
Joseph & Victoria Morrissey
"
•
Electronic Filing - Received, Clerk's Office, October 6, 2008
CERTIF
ICATION
I, Victoria Morrissey, o
n oa
th or aff
irm
~ion
,
state that I have read the foregoing and that
it is ac urate to the best of my knowleClge.
Subscribed to and sworn befo
re me
this
512
day
of
Oc
-
~
,200~
cTI~
d
+f~
Notary Pub
l
ic
val lur a L. Hansen
Notary Public-
St
ate
of Illinois
My co~
o
mm
/
ss
/on No 483440
mSG/o
n E
x
pi
r
es
. M
arch 8, 20
11
My commission expi
res:
r.
O
FFICI
AL SEA
L
•
Electronic Filing - Received, Clerk's Office, October 6, 2008
