ILLINOIS POLLUTION CONTROL BOARD
July
12,
1971
FARMERS OPPOSED TO EXTENSION
OF THE ILLINOIS TOLLWAY et a?,
v.
)
#
71—159
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY et a?,
Opinion and Order
of the Baa~d (by Mr.
Currie):
This complex citizen complaint seeks to interdict the construction
of
an extension of the Illinois Toliway westward from Aurora
to the
Mississippi River on
an assortment of grounds.
Many of the issues
raised are novel
and difficult, involving the interpretation of virgin
sections of the Environmental Protecfion Act.
Under section
31
(b)
of that statute we mast determine, before authorizing
a hearing,
whether or not the complaint is
~duplicitous
or frivolous.~
We have
dealt with these terms before,
in League of Women Voters
v.
North
Shore Sanitary District,
#70—7
(Oct.
8,
1970).
We sho~.1dlike enlightenment from the parties
as to whether the
complaint passes muster under these standards,
The North Shore case
gives guidelines a~to the meaning of “dup1icitous.~
The
~frivolous”
provision is design~dto avoid expensive and time-consuming hearings
o~claims that cannot prevail even if the facts alleged are true.
We shall expect the
filing of
a response within twenty days.
Both parties are invited to submit briefs, within twenty days
after
the
response is filed, directed to the issues of duplicitous-
hess
and frivolousness.
It is so ordered.
I, Regina E.
Ryan, Clerk of the Pollution Control Board certify
that the Board adopted the above opinion
July
,
1971.
2— 119