BEFORE THE
    ILLINOIS POLLUTION CONTROL
    BOARD
    FOX MORAINE, LLC
    Petitioner,
    v.
    UNITED CITY OF YORKVILLE,
    CITY COUNCIL
    Respondent.
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    PCB 07-146
    NOTICE OF FILING
    To:
    See Attached Service List
    PLEASE TAKE NOTICE that on this 13th day of November, 2008, George
    Mueller, one
    of the attorneys for Petitioner, Fox Moraine, LLC, filed via electronic
    filing
    of the attached Petitioner's Motion to Cancel the December 2008 Hearing
    with the Clerk
    of the Illinois Pollution Control Board, a copy of which is herewith
    served upon you.
    Respectfully submitted,
    FOX MORAINE, LLC
    By:,_I,-"s,:-1
    -,=G",e""o~rg,:"e,-,M7':"'-ue""I",le'-Lr
    _
    One
    of its Attorneys
    George
    Mueller
    Mueller Anderson, P.C.
    609 East Etna Road
    Ottawa, Illinois 61350
    (815) 431.1500
    -
    Telephone
    (815) 431.1501. Facsimile
    george@muelleranderson.com
    Charles Helsten
    Hinshaw
    &
    Culbertson
    LLP
    100 Park Avenue
    Rockford, Illinois 61101
    (815)
    490-4900. Telephone
    (815)
    490-4901
    •
    Facsimile
    chelsten@hinshawlaw.com
    Electronic Filing - Received, Clerk's Office, November 13, 2008
    Fox Moraine, LLC
    v.
    United City ofYorkville
    PCB No. 07-146
    SERVICE LIST
    PCB 2007-146
    Bradley Halloran
    Hearing Officer
    illinois Pollution Control Board
    James R. Thompson Center
    1000 West Randolph Street
    Suite 11-500
    Chicago, IL 60601
    PCB 2007-146
    Charles Helsten
    Richard Porter
    Hinshaw
    &
    Culbertson
    100 Park Avenue
    P.O. Box 1389
    Rockford, IL 61105-1389
    PCB 2007-146
    Leo P. Dombrowski
    Wildman, Harrold, Allen
    &
    Dixon
    225 West Wacker Drive
    Suite 3000
    Chicago, IL 60606-1229
    PCB 2007-146
    Thomas
    1. Matyas
    Wildman, Harrold, Allen
    &
    Dixon
    225 West Wacker Drive
    Suite 3000
    Chicago, IL 60606-1229
    George Mueller
    Mueller Anderson. P.C.
    609 East Etna Road
    Ottawa, t1finols 61350
    (815) 431.1500
    -
    Telephone
    (815) 431.1501. Facsimile
    george@mueJleranderson.com
    PCB 2007-146
    Derke J. Price
    Ancel, Glink, Diamond, Bush
    &
    Krafthefer
    P.C.
    140 South Dearborn Street
    Sixth Floor
    Chicago, IL 60603
    PCB 2007-146
    Jeffrey D. Jeep
    Jeep
    &
    Blazer, LLC
    24 North Hillside Avenue
    Suite A
    Hillside, IL 60162
    PCB 2007-146
    Anthony Hopp
    Wildman, Harrold, Allen
    &
    Dixon
    225 West Wacker Drive
    Suite 3000
    Chicago, IL 60606-1229
    PCB 2007-146
    James Knippen
    Walsh Knippen Knight
    &
    Pollick
    2150 Manchester Road
    Suite 200
    Wheaton, IL 60187-2476
    Charles Helsten
    Hinshaw
    &
    Culbertson LLP
    100 Park Avenue
    Rockford, t1finois 61101
    (815)
    490-4900. Telephone
    (815)
    490-4901
    -
    Facsimile
    chelsten@hinshawlaw.com
    Electronic Filing - Received, Clerk's Office, November 13, 2008
    CERTIFICATE OF SERVICE
    I, Sharon Twardowski, a non-attorney, certify that I served a copy of the
    foregoing
    Notice of Filing
    and
    Petitioner's Motion to Cancel the December 2008
    Hearing
    to the Hearing Officer and all Counsel of Record listed on the attached
    Service list, by sending it via Electronic Mail on November
    13, 2008,
    before
    5:00
    p.m.
    lsI
    Sharon Twardowski
    [x]
    Under penalties as provides by law pursuant to ILL. REV. STAT.
    CHAP. 110-SEC 1-109, I certify that the statements set forth
    Herein are true
    and correct
    George Mueller
    Mueller Anderson,
    P. C.
    609 East Etna Road
    Ottawa,
    illinois 61350
    (815) 431.1500
    -
    Telephone
    (815)
    431.1501. Facsimile
    george@muelleranderson.com
    Charles He/sten
    Hinshaw
    &
    Culbertson LLP
    100 Park Avenue
    Rockford, Illinois 61101
    (815)
    490-4900. Telephone
    (815) 490-4901
    -
    Facsimile
    chelsten@hinshawlaw.com
    Electronic Filing - Received, Clerk's Office, November 13, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    FOX MORAINE, LLC,
    Petitioner,
    v.
    UNITED CITY OF YORKVILLE, CITY
    COUNCIL,
    Respondent.
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    PCB No. 07-146
    PETITIONER'S MOTION TO CANCEL THE DECEMBER 2008 HEARING
    NOW COMES Petitioner, FOX MORAINE LLC, by its attorneys, George Mueller and
    Charles
    F. Helsten, seeking leave pursuant to 35 TIL Adm. Code 510, to cancel the Hearing in
    this matter currently scheduled
    to begin on December 16, 2008, stating as follows:
    1.
    Approximately two weeks ago, Mr. Donald Hamman, a material principal and
    owner
    of Petitioner, Fox Moraine, LLC, became ill and sought medical attention, whereupon it
    was discovered that he had significant blockage in all four arteries
    of the heart.
    2.
    Mr. Hamman has accordingly been scheduled to undergo quadruple bypass open
    heart surgery on November 21, 2008.
    3.
    Mr. Hamman's physicians have indicated that in the aftermath of surgery, during
    the post-surgical recovery period
    Mr. Hamman must avoid all stressful activities for at least sixty
    days, and possibly longer.
    4.
    Mr. Hamman's presence and participation in the Hearing on this matter is crucial,
    and Petitioner will suffer material prejudice
    if the Hearing is not canceled and re-scheduled for a
    later date.
    5.
    Petitioner therefore requests that the current Hearing be cancelled, and that the
    Hearing Officer conduct a status conference in about sixty days to further assess
    Mr. Hamman's
    70580997vl 62168
    Electronic Filing - Received, Clerk's Office, November 13, 2008
    ability to participate.
    6.
    This request to cancel arises from circumstances beyond the movant's control, and
    is not the result
    of a lack of diligence.
    7.
    Because the instant motion is being made more than ten (10) days in advance of
    the hearing, the Hearing Officer is authorized to cancel the hearing pursuant to 35 TIL Adm. Code
    101.510. There is Board precedent for granting a motion
    to cancel hearings due to serious illness
    of a principal.
    See, e.g., People
    v.
    Community Landfill Co. et at.,
    PCB 03-191 (October 3,2006).
    8.
    Affidavits including the factual basis for this request to cancel, as well as medical
    information from
    Mr. Hamman'sphysician, will follow shortly.
    9.
    In
    the event the instant motion is granted and the Hearing is re-scheduled for a
    date some time after February
    1, 2009, Petitioner will extend the decision deadline to and
    including August
    6, 2009.
    Dated:
    November 13, 2008
    George Mueller
    Mueller Anderson, P.C.
    609 Etna Road
    Ottawa, IL 61350
    815/431-1500
    2
    Respectfully submitted,
    On behalf
    ofPetitioner
    Is/George Mueller
    George Mueller
    70580997vl 62168
    Electronic Filing - Received, Clerk's Office, November 13, 2008

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