LOWE TRANSFER, INC. and
MARSHALL LOWE,
COUNTY BOARD OF McHENRY
COUNTY, ILLINOIS
Respondents.
)
)
)
CLE~’S OFFICE
IWG 28 2003
No. PCB 03-221
)
(Pollution Control Facility Siting Appeal)
)
)
)
NOTICE OF FILING
TO:
See List Referenced in Proof of Service
PLEASE TAKE NOTICE that on August 26, 2003, we filed with the Illinois Pollution
Control Board, the attached Lowe Transfer, Inc. and Marshall Lowe’s
MOTION TO
STRIKE
VILLAGE OF CARY’S BRIEF AND MOTION FOR SANCTIONS
in the above entitled
matter,
LOWE TRANSFER, INC. and
MARSHALL LOWE
By:
David W. McArdle
PROOF OF SERVICE
I, a non-attorney, on oath state that I served the foregoing Motion on the following parties by depositing
same
in the U. S. mail on this 26TH
day of August, 2003 and viafax on the 26’~’dayofAugust, 2003:
Attorney for
county
Board of
McHenry county, Illinois
Charles F. Heisten
Hinshaw and Culbertson
100 Park Avenue, P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900; FAX 815/963-9989
Hearing Officer
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60601
312-814-8 17FAX312/8 4-3669
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
Co-Petitioners,
STATE OF ILLINOIS
Pollution Control Board
SUBSCRIBED and SWORN to before
me thi
day of Au ust, 2003
Notary Public
~
‘OFFICIAL ~
~ VON~Ej~~~McCUt.L~
David W. McArdle
~
P~~’$~
of ~
Attorney Registration No. 06182127
~ Comm~ss~on
~
/2~lt2~j
ZUKOWSKI ROGERS FLOOD & MCARDLE
50 Virginia Street
Crystal Lake, Illinois 60014
(815)
459-2050
This document is printed on recycled paper.
RECEIVED
CLERK’S
OFFT~~
AUG 2 8 2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOA ~
iLLINOIS
Pollution
Control Board
LOWE TRANSFER, INC. and
)
MARSHALL LOWE,
)
)
Co-Petitioners,
)
No. PCB 03-221
)
vs.
)
(Pollution Control Facility
)
Siting Appeal)
)
COUNTY BOARD OFMcHENRY
)
COUNTY, ILLINOIS
)
)
Respondent
)
CO-PETITIONERS’ MOTION TO
STRIKE VILLAGE OF CARY’S
BRIEF
AND
MOTION FOR SANCTIONS
Co-Petitioners, Lowe Transfer, Jn~.and Marshall Lowe (“Lowe”), by and through its
attorneys, Zukowski Rogers Flood & McArdle, respectfully request the Pollution Control Board, to
strike the Village of Cary’s (the “Village”) Amicus and~issue sanctions against the Village for failure
to comply with Board rules in this siting appeal. In support ofthis Motion, Lowe states as follows:
1.
On August 25, 2003, the Village filed its 56-page Amicus Brief in direct violation of
Section 101.302(k).
2.
Section 101.302(k) ofthe Board’s procedural rules very clearly states that ~ arnicus
curiae brief may exceed 20
pages,
without prior approval of the Board or hearing officer.
3.
Neither the hearing officer nor the Board has received a request for permission to file
a brief over 20 pages in length from the Village nor granted such a request.
4.
The Village not only exceeded the pag~limitation provided for an amicus curiae
brief but exceeded the 50 page limitation for a brief filedby a party.
I
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
5.
Ms. PercyAngelo, author ofthe Village’s brief, has extensive experience before the
Pollution Control Board going back to 1972
-
a fact she pointed out in the Village’s Public
Comment filedwith the Board on August 7, 2003.
6.
In this proceeding, the Village has already been reprimanded by this Board for rules
violations. (See Board order dated August 7, 2003.)
7.
Lowe has been forced
to
spend considerable time and expense in defending against
these actions by the Village.
8.
The complete disregard by the Village and its attorney for the Board’s own actions
and rules can no longer be ignored.
WHEREFORE, Co-Petitioners, LOWE TRANSFER, INC. and MARSHALL LOWE, request
the Pollution Control Board strike the Village of Cary’s Brief on Behalf of Amicus Curiae Village of
Cary and issue sanctions against the Village for failure to comply with Board rules in this siting
appeal.
Respectfully submitted,
LOWE TRANSFER, INC. and
MARSHALL LOWE
By: Zukowski, Rogers, Flood & McArdle
By:____________
David W. McArdle
David W. McArdle, Attorney No: 06182127
ZUKOWSKI, ROGERS, FLOOD & MCARDLE
Attorney for Lowe Transfer, Inc, and Marshall Lowe
50 Virginia Street
Crystal Lake, illinois 60014
815/459-2050; 815/459-9057 (fax)
2
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER