RECE~VE~
CLERK’S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
SEP
2 42004
DAVIDMCDONOUGHA~D
OFILLI\IOIS
JACQUELYNMCDONOUGH
)
Control Board
Complainants,
)
)
v.
)
Case PCB-OO-163
)
GARY ROBKE,
)
(Enforcement; Noise; Citizens)
)
Respondent.
)
RESPONDENT’S RESPONSE TO COMPLATh~ANT’S
MOTION TO APPLY SANCTIONS
Comes now respondent, GaryRobke,
by and through his attorney,
Stephen
R.
Wigginton,
ofWeimuenster
& Wigginton, P.C., for his Response to Complainant’s Motion to Apply
Sanctions
and in support thereofstates as follows:
1.
The Respondent, GaryRobke, has selected the fencing with approval ofthe
Complainants, David and Jacquelyn McDonough.
2.
The Respondent has called the CityManager many times to
spot flag the location of
the City’s easement.
3.
The building inspector, Danny Schrempfis suppose to go
to the site this week to
mark the City’s easement and approve the fence location.
4.
TheJoint Utility Locating Information for Excavators
(“
J.U.L.I.E.”) located the
utilitylines on or about September
16, 2004.
5.
The parties expect to proceed with the construction of theberm and fencing as soon
as theCity selects the locationand approves theheight.
WHEREFORE, Respondent, Gary Robke, respectfully requests that the Complainants
Motion for Sanctions be denied and for such other relief the Board deems just under the
circumstances.
Respectfully submitted,
WEILMUENSTER & WIGGINTON, P.C.
BY:
___
St
.
igginton
ATTORNEY FOR RESPONDENT
3201 West Main Street
Belleville, IL
62226
(618) 257-2222
PROOF OF SERVICRE
The undersigned certifies that on the
)y
day ofSeptember, 2004,
a copy ofthe
foregoing pleadingwas served upon the following attorney(s) ofrecord and interested parties to the
above cause by the method indicated below:
U.S. Mail
/0
Personal Delivery
O
Facsimile
o
Overnight Courier
David and JacquelynMcDonough
751 N. Jefferson
Mascoutah, IL
62258
DorothyM. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W.
Randolph Street, Ste.
11-500
Chicago, IL 60601
Carol Sudman
Hearing Officer
illinois Pollution Control Board
600 South Second Street, Suite 402
Springfield, IL 62704
