OF ILLINOIS
CONTROL BOARD
~STREET,SUITE 11-500
~OIS60601
NOTE:
All items must be completed. Ifthereis insufficientspace to completeany item, additional
sheets may be attached, specifyingthe numberofthe item you are completing. Once completed, you
must file the original and nine copies with the Board.
RECEIIVED
CLERK’S
QFFT(P
SEP 2 6 2003
STATE OF ILLINOJS
Pollution Control Board
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PAUL AND DONNA
husband and wife
V.
JEFF GRELYAK,
FREDRICKSON,
Complainants
Respondent.
PROOF OF SERVICE
George W. Tinkham
Attorney for Respondent
423 W. Vine Street
Springfield, IL 62704
Jeff Grelyak
8919 Ferris Road
Harvard, IL 60033
Attached is a Response to Respondent’s Motion to Dismiss.
Respectfully submitted,
Jeremy W. Shaw
MILITELLO, ZANCK & COEN, P.C.
40 Brink Street
Crystal Lake, IL 60014
(815) 459-8800
MILITELLO, ZANCK & COEN, P.C.
Attorneys for Complainants
By:~
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PCB 4-19
TO:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Bd.
James R. Thompson Center
Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
0
BEFORE THE
SEP 2 6 2003
ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILLIi\~OIS
PAUL AND DONNA FREDRICKSON,
)
Po!Iuti0~Control Board
husband and wife
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Complainants
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v.
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PCB04-19
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JEFF GRELYAK,
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Respondent.
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RESPONSE TO
RESPONDENT’S
MOTION TO DISMISS
Complainants, PAUL AND DONNA FREDRICKSON, by and through their attorneys,
MILITELLO, ZANCK & COEN, P.C., and in response to Respondent’s Motion to Dismiss hereby
state as follows:
1.
Complainants deny the allegations in paragraph 1 ofthe Motion to Dismiss. The
Complaint sets forth the frequency and duration of the use of ATV’s/motorcycles upon the
Respondent’s property. Further, the ATVs/motorcycles have operated with suchregularityoniiearly
every weekend between March and November, as stated in the Complaint, so as to render the
statements ofevery single occurrence redundant.
2.
Complainants deny the allegations in paragraph 2 ofthe Motion to Dismiss.
3.
Complainants deny the allegations in paragraph 3 ofthe Motion to Dismiss.
4.
Complainants deny the allegations in paragraph 4 ofthe Motion to Dismiss. 35 Ill.
Adm. Code
§
101.100(b) states that “The Board may look to the Code ofCivil Procedure and the
Supreme Court Rules forguidance where the Board’sprocedural rules are silent.” 35 Ill. Adm. Code
§
103.204 speaks to pleading before the Illinois Pollution Control Board and, therefore, Respondent
is in error to suggest that the IPCB should apply the Code ofCivil Procedure. In addition, facts of
Illinois complaints shall be liberally construed so as to do justice. Furthermore, Respondent has
failed to file a proper motion to dismiss under the Rules ofCivil Procedure in so far ashe has failed
to identify the applicable section upon which his motion is based.
5.
Complainants deny the allegations in paragraph 5 of the Motion to Dismiss.
“Frivolous” means that the formal complaint seeks reliefthat the Board does not have the authority
to grant, or fails to state a cause ofaction upon which the Board can grant relief. Complainants have
sufficiently stated facts and occurrences so as to warrant a hearing before the Illinois Pollution
Control Board and to request relief as stated in the Complaint, which the Board has the power and
authority to grant.
Fredrickson v. Grelyak, PCB 04-19
Response to Respondent’s Motion to Dismiss
6.
Furthermore, Complainants have based the Complaint on the form provided by the
Illinois Pollution Control Board and provided all information that the document therein requests.
WHEREFORE,
Complainants respectfully request that Respondent’s Motion to Dismiss be
denied and that the Board move to set a hearing date on all facts and allegations as set forth in the
Formal Complaint as filed August 25, 2003 with the Clerk ofthe Illinois Pollution Control Board.
MILITELLO, ZANCK & COEN, P.C.
Jeremy W. Shaw
40 Brink Street
Crystal Lake, IL 60014
(815)
459-8800
Respectfully submitted,
MILITELLO, ZANCK & COEN, P.C.,
Attorneys for Complainants
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