ILLINOIS POLLUTION CONTROL BOARD
May 27,
1993
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,
V.
)
PCB 92—164
(Enforcement)
BERNIECE KERSHAW and DARWIN
)
DALE KERSHAW d/b/a KERSHAW
)
MOBILE HOME PARK,
)
)
Respondents.
ORDER OF THE BOARD
(by C.
A. Manning):
On May 24,
1993,
complainant filed a motion asking the Board
for an order disqualifying attorney Richard M.
Kuntz from
representing respondents.
Complainant also requested an
unspecified extension of time within which to respond to
respondent’s motion for reconsideration.
On May 25,
1993,
respondents filed a motion for extension of
time through June 8,
1993 in which to respond to complainant’s
motion to disqualify.
The Board notes that the
7 day response period on these
motions has not run, and that neither party has responded to the
other’s motion.
The Board does not ordinarily act on motions
before expiration of the response period.
35 Ill. Adm. Code
101.241(b).
The Board has, however, placed the parties’ motions
for extension of time on the agenda for today’s special meeting
in order to avoid “undue delay and material prejudice” to
appropriate resolution of this action,
and to avoid uncertainty
on the part of the litigants as to whether the Board will accept
technically “late” filings.
The motion to disqualify raises issues which have not been
litigated before the Board,
and the Board wishes the matter to be
fully and carefully briefed.
Respondents motion for extension is
hereby granted.
The response to the motion to disqualify is due
on or before June 8,
1993.
The Board also grants complainant’s motion for extension of
time to respond.
Complainant’s response will be due
14 days
after the Board issues an order on the motion to disqualify.
IT IS SO ORDERED.
0
i~2-U8O7
2
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~7-c~
day of
_________________,
1993, by a vote of
J/—~(2.
4
1~
I~
~
“~‘DorothyM.
G/~nn,Clerk
Illinois Poflution Control Board
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