BEFORE T
I N CONTROL BOARD
BYRON SANDBBRG,
~
Petitioner,
)
VS.
))
STATE
NO~
OF
172003
ILLINOIS
CITY OF KA.NKAKEE, ILLINOIS, TIlE CITY)
04
Board
OF KANXAKEE, ILLINOIS CITY COUNCIL,) Case No. PCB
-33
TOWN AND COUNTRY UTILITIES, iNC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
LL.C.,
)
)
Respondents.
)
NOTICE OF DISCOVERY DEPOSITION
On November 18, 2003, at 2:00 p.m., at the law offices of Hinshaw & Culbertson, 222
North LaSalle Street, Suite 300, Conference Room 3-C, Chicago, Illinois, Illinois, the deposition
of Mr. Werthman will be taken before a notary public (Zucker
—
800/806-5395)
on oral
interrogatories for discovery in this case, and at that time the deponent shall produce all the
documents requested on the attached rider.
Dated:
~) 4f
1~3
Respectfully Submitted,
•
On behalfofthe COUNTY OF KANKAKEE,
• ILLINOIS, and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTORNEY,
By: Hinshaw & Culbertson
Richard 5. PorI~r
____
One ofIts Attorneys
H1NSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1.389
815/490-4900
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•
//
DEPOSITION RIDER
1.
Identify and produce any and all documents, letters, or memoranda which were
read, reviewed, or examined by you or the City ofKankakee regarding the Town and Country
Utilities, Inc. Landfill Siting Application, which either are or are not a part of the public record
ofthe hearing.
2.
All communications, reports, correspondence, and other documents received or
sent by the City of Kankakee to or from Town and Country Utilities, Inc. regarding the planning,
development, and siting ofthe facility.
•
3.
All notes, minutes, and other documents of all communications, phone calls and
meetings between Town and Country Utilities, Inc. and you orthe City ofKankakee, Illinois, the
Kankakee City Council or their agents relating to the planning, development, and siting ofthe
facility.
4.
Any and all documents relied upon or reviewed by or received by you the City of
Kankakee, its officers, Department heads, supervisors and staff or the Kankakee City Council
(including but not limited to its consultants, attorneys or experts) concerning or relating to the
landfill or siting of the landfill which are not contained in the application or the City of
Kankakee public record.
5.
Any and all documents, agendas, computer messages, telephone message memos,
which reference, mention, memorialize or in any way relate to any communications between you
or the City ofKankakee and Town and Country Utilities, Inc.
6.
Any and all documents, correspondence, memoranda, e-mail, computer messages,
telephone message memo~,or other evidence, items, records or things in any way referencing or
memorializing any communication of anyone with Hearing Officer Boyd, which are not part of
the public record, including any and all drafts of the Hearing Officer’s report or
recommendations that were reviewed or amended by the City ofKankakee, or the Applicant.
270384736v1 827167
7.
Any and all agendas, documents, correspondence, memos, c-mails, computer
messages or the like authored, generated or drafted by any City Council member concerning the
Application.
8.
Any and all documents, correspondence, exhibits, memoranda, writings or
recordings in any way referencing the deliberation or consideration of the Application or any
condition upon approval suggested, considered or imposed by Hearing Officer Boyd or the City
Council, its members, agents, employees, attorneys and staff.
9.
Any and all communications, documents, memoranda, recordings, agendas, notes,
or evidence concerning any communication between you or the City of Kankakee and Town and
Country Utilities, Inc., which refers or relates, to any potential or actual lawsuit, dispute or claim
against the County of Kankakee, including, but not limited to any declaratory judgment action
filed by the City against the County, any injunctive action filed by the~City against the County,
any County siting hearing, any civil action or other lawsuit filed against the County, or an appeal
ofany ofthe aforementioned actions or claims.
10.
Any and all communications between you or the City ofKankakee or Town and
Country Utilities, Inc. and Mr. Michael Watson or Mr. Merlin Karlock, or any agent or employee.
ofsaid individuals or any agent, employee, consultant or person affiliated with any company that
Mr. Watson or Mr. Karlock are affiliated with in any way, concerning the County of Kankakee
or an action, suit or proceeding ofwhich the County is a party or participant.
11.
All correspondence, contracts or other communications between each opinion
witness or other witness and you or the City ofKankakee in connection with the subject matter
ofthis action.
12.
All releases, covenants or other agreements, promises or understandings
(including any document reflecting or referring to the same) with respect to the subject matter of
this action, which is not contained in the Landfill Siting Application nor admitted into evidence
at the City ofKankakee hearing on the Application.
370384736v1 827167
13.
Any and all communications, documents, reports, recommendations, memoranda,
c-mails, evidence or the like in~any way referencing authored, received by or sent to Mr.
Yarborough, Ph.D.
14.
Any and all documents or tangible evidence memorializing communication you
had with any city personnel afterMarch 7, 2003.
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AFFIDAVIT OF S1~RVICE
The undersigned hereby un~derpenalty ofperjuryunder the laws ofthe United States of
America, certifies that on
/ j ~
(o ~
,
she served a copy ofthe foregoing
upon:
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Attorney George Mueller
501 State Street
Ottawa, IL 61350
(815)
433-4705
(815)
433-4913 FAX
Donald J. Moran
Pederson & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 6060 1-3242
(312) 261-2149
(312) 261-1149
FAX
Elizabeth Harvey, Esq.
Swanson, Martin &
Bell
One IBM Plaza, Suite 2900
330 North Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 FAX
Kenneth A. Leshen
Leshen
& Sliwinski, P.C.
One Dearborn Square, Suite
550
Kankakee, IL 60901-3927
(815) 933-3385
(815)
933-3397
FAX.
Christopher W. Bohien
200 E. Court Street, Suite 602
P.O. Box 1787
Kankakee, IL 60901
(815)
939-1133
(815)
939-0994 FAX
L. Patrick Power
956 N. Fifth Avenue
Kankakee, IL 60901
(815) 937-6937
(815) 937-0056
FAX
570384736v1 827167
Byron Sandberg
109 Raub St.
Donovan, IL 60931
byronsandberg~starband.net
Anjanita Dumas, Clerk
City ofKankakee
385 E. Oak Street
Kankakee, IL 60901
(815) 933-0480
(815) 933-0482 FAX
Claire A. Manning
Posegate & Denes, P.C.
111 N. Sixth Street
Springfield,
IL 62705
(217) 522-6152
(217) 522-6184 FAX
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 6Q60l
(312) 814-8917
(312) 814-3669 FAX
Via facsimile and by depositing a copy thereof, enclosed in an envelope in the United States,
Mail at Rockford, Illinois, proper postage prepaid, before the hour of5:00 P.M., addressed as
above.
.
HINSHAW & CULBERTSON
100 Park Avenue
P.O.Box1389
.
Rockford, IL
.61105-1389
(815) 490-4900
cc:
Barbra Zucker & Associates
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