ILLINOIS POLLUTION CONTROL BOARD
    January 11, 1995
    RODNEY B. NELSON, M.D.,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 94—244
    )
    (Enforcement)
    KANE
    COUNTY FOREST PRESERVE,
    )
    BRADLEY SAUER, CHAIRMAN
    )
    )
    KANE COUNTY BOARD,
    )
    WARREN KAIINERER, CHAIRMAN
    )
    )
    Respondents.
    ORDER OF THE BOARD (by E. Dunham):
    This matter comes before the Board on a “Motion for Summary
    Judgment” filed on
    November
    4, 1994, by complainant, Rodney B.
    Nelson, M.D. The Kane County Forest Preserve District (District)
    filed a response to the motion for summary judgment on December
    1, 1994. The Kane County Board’s (County) response to the motion
    for
    summary
    judgment was received by the Board on December 19,
    1994. Also before the Board are motions to strike the affidavit
    attached to the motion for summary judgment filed on December 1
    and December 19, 1994 by the
    District and the County
    respectively.
    On December 20, 1994, Dr. Nelson filed a motion to
    strike the response of the County to request for admission of
    genuineness of documents, the County’s motion to strike
    affidavit
    and the
    County’s response. The County filed a reply to the
    motion to strike on January 5, 1995.
    Summary judgment will be granted where there is no genuine
    issue of
    material fact and the moving party is entitled to
    judgment as a matter of law.
    (Sherex Chemical v. IEPA (July 30.
    1992). PCB 91—202; Williams Adhesives. Inc. v. IEPA (August 22,
    1991), PCB 91—112.)
    In the motion for summary judgment, complainant sets forth
    facts and a series of assumptions, most or all of which must be
    true to validate the conclusion reached by complainant.
    Since
    several of the facts, and the conclusion of law, reached by
    complainant are disputed, summary judgment cannot be granted.
    The motion for summary judgment is therefore denied.
    The motions to strike
    affidavits and motions to strike the
    response of the County are moot, as these motions relate only to
    the motion for summary judgment which has been denied.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby ce fy that the above order was adopted on the
    //~
    day of
    ___________________,
    1995 by a vote of
    —
    C)
    Control Board

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