1. NOTICE OF FILING
      2. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILLINOIS,
INC.
and KENDALL COUNTY LAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD OF KENDALL
COUNTY, ILLINOIS,
Respondent
)
)
)
PCB 09-43
)
)
(Pollution Control Board Facility
) Siting
)
Appeal)
)
)
)
)
)
)
NOTICE OF FILING
To: All Counsel of Record, See Attached Service List
PLEASE TAKE NOTICE that the undersigned has, on this 6th day of March,
2009, caused to be filed with the Clerk of the Illinois Pollution Control Board, via
electronic filing, the attached
Motion
to
Withdraw Demand for Bill
of
Particulars
on
behalf
of the County Board of Kendall County, Illinois, a copy of which is herewith
served on you.
James
F. McCluskey
James
S. Harkness
Jennifer
L. Friedland
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
jfmccluskey@momlaw.com
jharkness@momlaw.com
jfriedland@momlaw.com
W:\26_59\4587.080523\Pleadings\NOF 4.07.09.doc
Respectfully submitted,
County Board
of Kendall County, Illinois
By:
IslJames
S. Harkness
Electronic Filing - Received, Clerk's Office, April 7, 2009
PROOF OF SERVICE
Under penalties as provided by law, pursuant to Section 1-109 of the Code of Civil
Procedure, Sabrina Sanders, the undersigned non-attorney certifies that she served a true and
correct copy
of the foregoing Notice of Filing and all referenced enclosures, by (1) e-mail
transmission and (2) U.S. Mail to all respective addresses as listed
on the Service List from Lisle,
Illinois
60532 on April 7, 2009.
James F. McCluskey
James
S. Harkness
Jennifer
L.
Friedland
Momkus McCluskey, LLC
100 1 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
jfmccluskey@momlaw.com
jharkness@momlaw.com
jfriedland@momlaw.com
W:\26_59\4587.080523\PLEADINGs\NOF 4.07.09.DOC
lsi
Sabrina Sanders
Electronic Filing - Received, Clerk's Office, April 7, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS,
INC. and KENDALL COUNTY LAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD
OF KENDALL
COUNTY,
ILLINOIS,
Respondent
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 09-43
(Pollution Control Board Facility Siting
Appeal)
SERVICE LIST
Waste Management of Illinois, Inc. and
Kendall County Land and Cattle, LLC
Donald
J.
Moran
Pedersen & Houpt
161
North Clark Street, Suite
3100
Chicago, IL
60601
312-261-2149
312-261-1149 -
Fax
Email: dmoran@pedersenhoupt.com
Eric C. Weis
Kendall County State's Attorney
807
West John Street
Yorkville,
IL
60560
Email: eweis@co.kendaILil.us
Village of Minooka
Daniel
J.
Kramer
Law Office of Daniel J. Kramer
11 07A
S. Bridge Street
Yorkville, IL
60560
Email: dkramer@dankramerlaw.com
Interested Party
-
City
of
Morris
Scott M. Belt
Belt, Bates & Associates
105
E. Main Street, Suite
206
Morris, IL
60450
E-Mail: scottbelt@msn.com
Bradley P. Halloran
Illinois Pollution Control Board
James
R. Thompson Center
100
West Randolph Street
Suite
11-500
Chicago, IL
60601
Email: hallorab@ipcb.state.il.us
Debbie Gillette
Kendall County Clerk
111
Fox Street
Yorkville, IL
60560
Kankakee Regional Landfill, LLC
George Mueller
Mueller Anderson, P.C.-
609
East Etna Road
Ottawa, IL
61350
Email: george@muelleranderson.com
Interested Party
-
Grundy County
Charles F. Helsten
Richard S. Porter
Hinshaw & Culbertson, LLP
100
Park Avenue
P.O. Box
1389
Rockford, I L
611 05-1389
Email: chelsten@hinshawlaw.com
rporter@hinshawlaw.com
Electronic Filing - Received, Clerk's Office, April 7, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILUNOIS, INC.)
and KENDALL COUNTY LAND AND
)
CATTLE, LLC,
)
)
Petitioners,
}
)
vs.
)
)
COUNTY BOARD OF KENDALL COUNTY, )
ILUNOIS, et.
al.,
)
)
Respondent.
)
PCB 09-43
(Pollution Control Board Facility
Siting Appeal)
MOTION TO WITHDRAW DEMAND FOR
BILL OF
PARTICULARS
NOW COMES Respondent, COUNTY BOARD OF KENDALL COUNTY,
ILLINOIS
("County Board"), by its attorneys MOMKUS McCLUSKEY, LLC, and as its
Motion to Withdraw Demand for Bill of Particulars, states
as follows:
1.
On April 6, 2009, the Illinois Pollution Control Board held a status hearing
with the parties in this matter. At that time, the
Illinois Pollution Control Board discussed
prior pleadings submitted by the parties, their discussions regarding those pleadings,
and their agreements with respect to those pleadings.
2.
In particular, in response to Petitioners' initial Petition for Hearing to
Contest
Site Location Denial (the "Petition for Review"), Respondent filed and served its
Demand for Bill
of Particulars. Petitioners subsequently filed a Motion to Strike and
Deny Demand for Bill
of Particulars.
3.
Thereafter, the parties conducted discussions regarding the Petition for
Review, Demand for
Bill of Particulars, and the facts pled in support of the Petition for
Review. At the first status hearing with the
Illinois Pollution Control Board following the
submission
of the Demand for Bill of Particulars and Motion to Strike, Petitioners agreed
to file an Amended Petition for Review, which the
Illinois Pollution Control Board
provided leave for based upon Respondent's agreement to same. The parties agreed
Electronic Filing - Received, Clerk's Office, April 7, 2009
that Petitioners would file an Amended Petition for Review, that Respondent would not
object to the filing of such an Amended Petition,but would reserve rights to defend
against the
allegations contained in the Amended Petition.
4.
In fact, on March 24, 2009, Petitioners did file an Amended Petition for
Review (titled "Amended Petition for Hearing to Contest Site Location Denial").
5.
As such, on April 6, 2009, the Illinois Pollution Control Board, during a
status hearing, requested that Respondent
file a Motion to Withdraw its Demand for Bill
of Particulars and request that Petitioners' Motion to Strike be held moot and require no
further hearing or consideration.
On April 6, 2009, Petitioners agreed.
6.
Respondent, therefore, files this motion to withdraw its Demand for Bill of
Particulars, and to hold Petitioners' Motion to Strike moot, requiring no further hearing or
consideration.
WHEREFORE, for the
above stated reasons, Respondent, COUNTY BOARD OF
KENDALL COUNTY, ILLINOIS, respectfully requests that the Illinois Pollution Control
Board grant Respondent's Motion to Withdraw its Demand for Bill of Particulars, to hold
Petitioners' Motion to Strike moot, requiring no further hearing or consideration, and for
any other or further relief the Illinois Pollution Control Board deems just and proper.
James
F. McCluskey
James S. Harkness
Jennifer
L. Friedland
MOMKUS McCLUSKEY,
LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
(630) 434-0400
(630)
434-0444 FAX
Respectfully submitted,
COUNTY BOARD OF KENDALL COUNTY,
ILLINOIS
By:
lsI
James S. Harkness
James
S. Harkness
Attorneys for Respondent
W:\26_59\4587.080523\Pleadings\lPCB\Mot WithdrawOemand.doc
2
Electronic Filing - Received, Clerk's Office, April 7, 2009

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