ILLINOIS POLLUTION CONTROL BOARD
    May 4, 1995
    DENNIS MANARCHY, MARY BETH
    )
    MANARCHY,
    CHRIS MANDOLINE,
    )
    and
    BEVERLY
    KAGY-MANDOLINE,
    )
    )
    Complainants,
    )
    V.
    )
    PCB 95—73
    )
    (Enforcement
    -
    Noise)
    THE
    GOTHAN
    NIGHTCLUB and
    )
    JJJ & ASSOCIATE,INC.
    )
    Respondents.
    ORDER OF THE BOARD (by C.A. Manning):
    This matter is before the Board pursuant to a motion to
    dismiss and vacate filed by the respondents on April 21, 1995 to
    which the complainants filed a response on April 25, 1995.
    Gotham is requesting that we vacate our order of March 16, 1995
    accepting this case for hearing, and finding that the complaint
    is neither duplicitous or frivolous.
    The bases for Gotham’s motions to dismiss are separate
    actions pending in two forums in the City of Chicago: One was
    brought by the City of Chicago and is pending before the City of
    Chicago Local Liquor Control Commission and the second, according
    to the respondents, is a citation pending before the 1st
    Municipal District, City of Chicago, Department of the
    Environment. Each relates to alleged noise emissions from the
    Gotham Nightclub located at 640 West Hubbard in Chicago.
    There is, however, insufficient information available for
    the Board to determine whether these actions cause this citizens’
    enforcement action to be duplicitous and therefore subject to
    dismissal. Accordingly, Gothaxn is directed to provide the
    following information in order that the Board may determine
    whether the citizens’ enforcement complaint is duplicitous: (1)
    a copy of the February 18, 1995 City of Chicago citation issued
    to Gotham which is pending before the 1st Municipal District and,
    (2) specific information regarding the status of the February 18,
    1995 citation.
    Gotham shall file this information with the Board and serve
    the complainants on or before Thursday, May 11, 1995. The
    complainants, of course, may file a response which shall be due
    on or before Tuesday, May 16, 1995.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    B9~jd1hereby certify that the above order was adopted
    on
    the
    -
    day of
    ~
    ,
    1995, by a vote of
    7
    -~
    c2~i
    Jh,
    Dorothy M. ,G~nn, Clerk
    Illinois P~/1utionControl Board

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