ILLINOIS POLLUTION CONTROL BOARD

February 25, 1993

JOHN ZARLENGA

and

JEAN ZARLENGA,

Complainants,

v.

)

PCB 92—178

(Enforcement)

BLOMINGDALE PARTNERS, an

Illinois limited partnership,

HOWARD EDISON, BRUCE MCCLAREN,

and GARY LAXEN,

Respondents.

ORDER OF THE BOARD (by J. Anderson):

On February 11, 1993, Howard Edison, Bruce McClaren, and

Gary Laken (respondents) filed a motion asking the Board to join

Bloomingdale Partners, an Illinois limited partnership, as a real

party in interest in this matter. The Zarlengas have not yet

filed a response to the motion.

On February 4, 1993, and in response to respondents’

December 11, 1992 motion to strike or dismiss the complaint, the

Board dismissed Partnership Concepts, Cove Development, and

Thomas O’Brien from this action on the grounds that none of the

parties held any interest in One Bloomingdale Place. In

addition, the Board found that the Zarlengas failed to properly

serve another named party, Bloomingdale Partners, with its

complaint or amended complaint. Accordingly, the Board found

that Bloomingdale Partners was not a party to this action and,

therefore, dismissed Bloomingdale Partners from the caption of

the case.

In support of its current motion, respondents assert that

Bloomingdale Partners is the owner of record of One Bloomingdale

Place and that the• Board noted this fact in its May 9, 1991

interim opinion and order in PCB 89—184. Respondents also assert

that Bloomirtgdale Partners, as owner of the building, is the

entity with authority to initiate action at One Bloomingdale

Place. Respondents note that each of the Board’s orders in PCB

89-18 4 directing respondents to take action to abate noise

emissions from One Bloomingdale Place was premised on the

conclusion that Bloomingdale Partners was a party to the matter.

Respondents add that the interests of Mr. Edison, Mr. McClaren,

and Mr. Lakin derive solely from their status as general partners

of Bloomingdale Partners. In their individual capacity, the

general partners have no authority to initiate action by

Bloomingdale Partners, the owner of the building, and the real

party in interest in this matter.

0139-0593

---

2

The Board hereby grants respondents’ motion to join

Bloomingdale Partners as a party in this case. As a result, any

future pleadings and motions made on behalf of the Zarlengas must

be served on Bloomingdale Partners. The Clerk of the Board is

directed to add Bloomingdale Partners, an Illinois limited

partnership, to the caption of this case.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif that the above order was adopted on. the

~

day of

______________,

1993, by a vote of

~-O

~Dorothy N. G~n, Clerk

Illinois Pol~ition Control Board

0t39-059I~