ILLINOIS POLLUTION CONTROL BOARD

April

28, 1977

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 76—235

JOHN McGUIRE, Director of the

)

Illinois Department of Conservation,

LANGHORNE BOND,

Secretary of the

)

Illinois Department of Transportation,

SOUTHWEST EXPRESSWAYS CORPORATION,

and

)

FRANKLIN

H. WEBER,

)

Respondents.

ORDER OF THE BOARD

(by Mr.

Young):

This matter

is before the Board on Complainant’s Motion

for Reconsideration

of our Order entered on February 17,

1977,

dismissing with prejudice Respondents Franklin H.

Weber and

Southwest Expressways Corporation from this action.

Before

ruling on this Motion,

the Board believes a brief review of

the relevant Motions,

Responses and Orders which led to the

dismissal is aporopriate.

This action commenced with the

filing of the Complaint on August

23, 1976.

On

December 16,

1976,

the Board ordered briefs on certain issues which the

Board thought should be resolved prior to ruling on Respondents’

October

8,

1976, Motion to Dismiss.

Although these briefs were

due on January 17, 1977,

the Board granted a continuance until

February

17,

1977,

for the filing thereof pursuant to Motions

filed by the affected parties.

In its Motion for Continuance,

Complainant gave every indication that it planned to submit

a brief on

“these important and complex issues.”

Thereafter

Respondents timely filed its brief while the Complainant, more

than

10 days after the brief was due,

chose

to merely file

a

Motion

to Dismiss without prejudice.

In view of these circum-

stances and since the Board had already taken under advisement

the issues raised in our Order of December

16,

1976, which by

Complainant’s own admission were important and complex,

the Board

believes the hearing process had begun as to these Respondents.

This belief necessarily results

in the finding that Complainant’s

Motion was not timely filed and the aforesaid Respondents are

entitled to dismissal with prejudice.

In view of the foregoing,

Complainant’s Notion for Reconsideration

is denied.

IT

IS SO ORDERED.

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373

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I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

~

day of

_______________,

1977

by a

vote of~~-~

Christan L. Moffett

Illinois Pollution Control Board

25

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