BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MORTON F. DOROTHY,
    Complainant,
    FLEX-N-GATE
    CORPORATION,
    an Illinois corporation,
    Respondent.
    )
    )
    }
    PCB No. 05-49
    )
    )
    )
    )
    NOTICE OF FILING
    TO:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (VIA
    ELECTRONIC
    MAIL)
    Carol Webb, Esq.
    Hearing
    Officer
    Illinois Pollution
    Control Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    (VIA ELECTRONIC MAIL)
    PLEASE TAKE NOTICE that I have today filed with
    the Office of the Clerk of
    the Illinois Pollution Control Board a RESPONSE TO COMPLAINANT'S MOTION
    FOR
    RECONSIDERATION, a copy of which is herewith served upon you.
    Respectfully s
    Dated: November 28, 2005
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    FLEX-N-GATE CORPORATION,
    Respondent,
    B y:/s/ Thomas
    G. Safley
    One of Its Attorneys
    T HIS FILING SUBMITTED ON RECYCLED PAPER
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 28, 2005
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, certify that I have served the attached
    RESPONSE TO COMPLAINANT'S MOTION FOR RECONSIDERATION upon:
    Clerk of
    the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago,
    Illinois 60601
    C arol Webb, Esq.
    Hearing Officer
    I llinois Pollution Control Board
    1021 North Grand Avenue
    East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    ectronic
    mail
    on
    November 28, 2005; and upon:
    Mr. Morton F. Dorothy
    104 West University, SW Suite
    Urbana, Illinois 61801
    by depositing said documents in the United States Mail in Springfield, Illinois, postage
    prepaid, on November
    28, 2005.
    /s/ Thomas G. Safley
    Thomas G. Safley
    GWST:003/FiVNOF and COS - Response
    to Motion to Reconsideration
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MORTON F. DOROTHY,
    )
    Complainant,
    )
    v .
    )
    PC;
    FLEX-N-GATE CORPORATION,
    )
    an Illinois
    corporation,
    )
    Respondent.
    )
    0 5-49
    RESPONSE TO COMPLAINANT'S
    MOTION FOR RECONSIDERATION
    NOW COMES Respondent, FLEX-N-GATE CORPORATION ("Flex-N-Gate"),
    by and through its attorneys, HODGE DWYER ZEMAN, and for its Response to
    Complainant's Motion for Reconsideration, states as follows:
    Complainant argues in his
    Motion that
    the
    Board's
    Order, as issued, is internally
    . Flex-N-Gate disagrees and denies the same. In addition, Complainant
    argues that Flex-N-Gate failed to timely file its Motion for Partial Summary Judgment as
    to Counts II-VI. Flex-N-Gate disagrees and specifically denies that 35 Ill. Admin. Code
    ), which Complainant cites, applies to Flex-N-Gate's Motions for Summary
    Judgment. Complainant
    further alleges that the Board lacks authority to grant summary
    judgments in enforcement actions. Respondent vehemently disagrees. In response to
    arguments, Respondent hereby
    re-alleges
    and re-incorporates its
    Motions for Summary Judgment and its Response to Complainant's Motion for Summary
    Judgment. Finally, in light of the above, Flex-N-Gate submits that Complainant has not
    presented any sufficient justification for reconsideration of the Board's October 20, 2005
    Order.
    WHEREFORE, the Respondent, FLEX-N-GATE
    CORPORATION, respectfully
    prays
    that the Board deny Complainant's Motion for Reconsideration and award FLEX-
    N-GATE CORPORATION such other relief as the Board
    deems just and proper in the
    R
    espectfully submitted,
    F LEX-N-GATE CORPORATION
    Respondent,
    B y:/s/ Thomas
    G. Safley
    One of Its Attorneys
    Dated: November 28, 2005
    Thomas
    G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    GWST:003/Fil/Response
    to
    Motion
    to Reconsideration

    Back to top