RECE~VE~

CLERK’S OFFTC~

ILLINJ~DLLU~~bpJ\Rf~L

BOARD

JUL 172003

PEOPLE OF THE

Complainant,

STATE OF~I~

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Pollution

STATE OF

Control

ILLINOIS

Board

PCB 96-143

v.

)

(Enforcement-Water)

MICHEL GRAIN COMPANY, INC.

d/b/a MICHEL FERTILIZER;’ an Illinois

corporation, CARYLE MICHEL, and

RONNIE TODD

Respondents.

MOTION TO DISMISS

Now comes Ronnie Todd and Ronnie Todd Land Trust, Respondent

in the above entitled cause by F. William Bonan, his Attorney and

for his Motion to~Dismiss the Second Amended Complaint filed herein

says:

1.  The Complainant added Ronnie Todd and Ronnie Todd Land

Trust as parties to this action years after its inception.

2.  The Complainant’s discovery answers to date indicate the

Complaintaint has no knowledge of any substance releases on the

subject property by Ronnie Todd or Ronnie Todd Land Trust which

would be harmful to the environment.

3.  Ronnie Todd and Ronnie Todd Land Trust are therefore

parties because they had or have title to the premises in question.

4.  Since title to the property, if contaminated, is (in the

Complaintant’s opinion, which opinion is not agreed by these

Respondents), is enough to cause liability to the title holder, all

parties in ownership from the date of release are necessary

parties. Complainant therefore does not have before the court the

necessary parties to render a decision.

5.  Ronnie Todd and Ronnie Todd Land Trust are entitled to

seek contribution; cross-claim or counter-claim relief against any

party who had title to the property previously, and 

or those who

were in control of the premises at the time of the release of

contaminants.

6. All parties must be before the court in order for any

order to be valid.  

(Zurich Insurance Company V. Baxter

International Company 655 N.E. 2nd 1173, 275 ILL. App. 3rd 30;

735/ILCS 5/2-406(a).)  The bringing in. by the court of all

necessary parties is not discretionary but is mandatory.

Wherefore, Ronnie Todd and Ronnie Todd Land Trust pray that

they be dismissed from this suit as parties and owners, or in the

alternative that all previous owners be determined and be joined as

parties respondent.

Ronnie Todd,Ronnie Todd Land Trust

F. Wi’~1iamBonan, their Attorney

Bonan,Bonan & Rowland, LLC

Attorneys at Law

P.O. Box 309

McLeansboro, IL 62859

MICHEL GRAIN COMPANY, INC.

d/b/a MICHEL FERTILIZER;’ an Illinois

corporation, CARYLE MICHEL, and

RONNIE TODD

Respondents.

Douglas A. Antonik

Antonik Law offices

1921 Broadway

P.O. Box 594

Mt. Vernon, IL 62864

Steve Langhoff

Hearing Officer

Pollution Control Board

600 South Second Street

Ste .402

Springfield, IL 62704

RE~CE~!VED

CLF.RI’S

(WFV’F

JUL 1 7 2003

STATE OF IWNOIS

Pollution

Control

Board

PCB 96-143

(Enforcement-Water)

Angela Eaton Hamilton

Assistant Attorney General

Office of the Attorney General

Environmental Bureau

500 South Second Street

Springfield, IL 62706.

Dorothy M. Gunn

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St.

Ste. 11-500

Chicago, Illinois 60601

F. William Bonan

Bonan, Bonan & Rowland, LLC

Attorneys at Law

McLeansboro, IL 62859

F. ~illiam Bonan, Attorney

ILLINOIS

PEOPLE OF THE STATE OF ILLIN~S~ia; 

Complainant,

PROOF OF SERVICE

The undersigned certifies that a copy of the MOTION TO DISMISS

for Ronnie Todd was mailed to each of the following at their

address as disclosed by the pleadings of record herein, with

postage prepaid, and by depositing said envelope in a U.S. Post

Office Mailbox in McLeansboro, Illinois, on July 15, 2003.