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ILLINOIS POLLUTION CONTROL BOARD
April 14, 2009
ANNE MCDONAGH and DAVID
FISHBAUM,
Complainants,
v.
RICHARD and AMY MICHELON,
Respondents.
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PCB 08-76
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On April 14, 2009, all parties participated in a telephonic status conference with
the hearing officer. The respondents represented that they were granted a variance from
the Village and have recently relocated the units at issue approximately 95 feet away from
the original site. While it is anticipated that respondents’ effort will resolve the above-
captioned matter, the complainants requested that another telephonic status conference be
scheduled. In the interim, complainants will observe the newly relocated units when the
units are turned on. If satisfied, the complainants represented that they will file a motion
to voluntarily dismiss this matter.
To that end, it was agreed that the hearing scheduled for May 28, 2009, is
cancelled and that the discovery schedule will be revisited at the next status conference if
need be.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on May 14, 2009, at 10:00 a.m. The telephonic
conference must be initiated by the complainant, but each party is nonetheless responsible
for its own appearance. At the conference the parties must be prepared to discuss the
status of the above-captioned matter and whether a hearing need be scheduled.
IT IS SO ORDERED.
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Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on April 14, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on April 14, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
PCB 2008-076
David Fishbaum
Anne McDonagh & David Fishbaum
1464 Linden Avenue
Highland Park, IL 60035
PCB 2008-076
Amy Michelon
Richard Michelon
1474 Linden Avenue
Highland Park, IL 60035
PCB 2008-076
Elliot S. Wiczer
Wiczer & Zelmar, LLC
500 Skokie Blvd.
Suite 350
Northbrook, IL 60062
