70609201v1 863858 62168
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC,
Petit ioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. PCB 07-146
NOTICE OF FILING
TO:
All counsel of Record (see attached Service List)
Please take notice that on July 31, 2009, the undersigned electronically filed with the Illino is
Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601,
Petitioner
¶
s
Motion for Leave to File Brief in Excess of 50 Pages,
a copy of which is attached heret
.
.o
July 31, 2009
Respectfully submitted,
On behalf of FOX MORAINE, LLC
/s/ Charles F. Helsten
Dated:
One of Its Attorneys
Charles F. Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Electronic Filing - Received, Clerk's Office, July 31, 2009
70609201v1 863858 62168
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC,
Petit ioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 07-146
PETITIONER
¶
S MOTION FOR LEAVE TO FILE BRIEF
IN EXCESS OF 50 PAGES
INSTANTER
NOW COMES the Petitioner, Fox Moraine Landfill, LLC (hereinafter
³Petitioner ´
or
³Fox
Moraine´), by its attorneys, George Mueller and Charles Helsten, and for its Motion for
Leave to File Brief in Excess of 50 Pages
Instanter
, states as follows:
1.
In this action, the Petitioner appeals Responde¶ns tdenial of siting approval; the
Petitioner¶s appeal is based on a lack of fundamental fairness in the proceedings below, as well
as the fact that the Respon¶dens denit al of siting approval was against the manifest weight of the
evidence.
2.
The proceedings below were particularly lengthy, const ituting one o f the lo ngest
siting hearings in Illinois in the last twenty years. The Record of the underlying proceedings
consisted of approximately 19,897 consecutively paginated pages, and included 24 transcripts of
the sit ing applicat ion hearings themselves, as well as two (2) transcripts o f the Respondent Cit y
Council
¶s
meetings to deliberate. The Record of proceedings in the instant appeal adds an
addit ional three (3) transcripts of hearings ( April 2 1, 22, and 23, 2009), as well a s (9) transcripts
that were admitted as Petitione¶s r Exhibits 1-9 during the hearings.
3.
Respondent, City of Yorkville, filed a Response brief numbering 84 pages. Post-
hearing briefs were also filed by Kendall County, and Friends of Greater Yorkville, among
Electronic Filing - Received, Clerk's Office, July 31, 2009
70609201v1 863858 62168
others.
4.
The Hearing Officer¶s Order of May 21, 2009, ordered that Petitioner, Fox
Moraine, could file its Reply brief on or before July 31, 2009, in response to the Post-Hearing
briefs filed by others.
5.
Although the Petitioner has strongly endeavored to be as concise as possible in
preparing its brief, the necessit y of responding to the arguments and assertions made in briefs
filed by Respondent City of Yorkville and by Friends of Greater Yorkville has resulted in
Petit ioner being unable to fully brief the issues within the general 50 page limit under the
Board¶s Rules.
6.
In other sit ing hearings invo lving extremely vo luminous records and a plethora of
issues, the Board has granted the parties leave to file briefs exceeding 50 pages in leng
See,
th.
e.g
.,
County of Kankakee, Illinois and Edward D. Smith, Kankakee County State's Attorney v.
City of Kankakee, Illinois, The City of Kankakee, Illinoi
s
City Council, Town and Country
Utilities, Inc. and Kankakee Regional Landfill, L.L.C.,
PCB 04-33 (March 18, 2004);
Peoria
Disposal Company v. Peoria County Board
, PCB 06-184 (March 1, 2007).
7.
The Petitioner has been willing in the past, and remains willing, to extend the
decision deadline so as to give the Board as much time as it needs to work through briefs
exceeding the page limit.
8.
Petit ioner accordingly requests leave to file the attached brief, which numbers 61
pages.
WHEREFORE, Petitioner Fox Moraine respectfully requests that the Board enter an
order granting Petitioner leave to file the attached Post-Hearing Brief, which exceeds the Board
¶s
50 page limit.
Electronic Filing - Received, Clerk's Office, July 31, 2009
70609201v1 863858 62168
July 31, 2009
Respectfully submitted,
On behalf of FOX MORAINE, LLC
/s/ Charles F. Helsten
Dated:
One of Its Attorneys
Charles F. Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
George Mueller
MUELLER ANDERSON, P.C.
609 East Etna Road
Ottawa, IL 61350
815-431-1500
Electronic Filing - Received, Clerk's Office, July 31, 2009
70609201v1 863858 62168
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of
Civil Procedure, hereby under penalty of perjury under the laws of the United States of
America, certifies that on July 31, 2009, she served a copy of the foregoing upon:
Via E-Mail
±
hallorab@ipcb.state.il.usl
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
1000 W. Randolph St., Ste. 11-500
Chicago, IL 60601
Via
E-Mail
±
dombrowski@wildman.com
Leo P. Dombrowski
Wildman, Harrold, Allen & Dixon
225 West Wacker Dr.
Suite 3000
Chicago, IL 60606-1229
Via E-Mail
±
jharkness@momlaw.com
James S. Harkness
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Via E-Mail
±
eweis@co.kendall.il.us
Eric C. Weiss
Kendall County State
¶
s Attorney
Kendall County Courthouse
807 John Street
Yorkville, IL 60560
Via E-mail.
_/s/ Nicola Nelson_____________________
HINSHAW & CULBERTSON LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
Electronic Filing - Received, Clerk's Office, July 31, 2009