RECEIVED

CLERKS OFFICE

0208-00

1

JUL

142005

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

STATE OF ILLINOIS

Pollution

Control Board

DORIS

GLAVE,

Complainant,

V.

)

PCB 02-11

(Citizens Enforcement

--

Noise)

BRENT HARRIS, PATTY

HARRIS,

and WINDS CHANT KENNEL,

INC.,)

)

Respondents.

VILLAGE OF GRAYSLAKE,

Complainant,

V.

)

PCB 02-32

(Citizens Enforcement

--

Noise)

WINDS CHANT KENNEL,

INC.,

)

(Consolidated)

Respondent.

NOTICE OF FILING

To:

(See attached

Service

List.)

PLEASE TAKE NOTICE that

on this

14th

day of July 2005,

there was filed with the

Illinois Pollution Control Board or Hearing Officer, the parties’ Joint Motion to Stay, which

is attached

and

herewith served

upon you.

WINDS

CHANT KENNEL,

INC.,

et

at.

By:r~~.

~

\~

EIiz4~eth

S.

i4arvey/

NOne

of the attorney~

for Respori~~~~t

Elizabeth

S.

Harvey

Peter A. Pogue

SWANSON,

MARTIN &

BELL, LLP

One IBM

Plaza,

Suite 3300

330

North Wabash Avenue

Chicago, Illinois 60611

Telephone:

(312) 321-9100

Firm ID.

No.

29558

---

CERTIFICATE OF SERVICE

I,

the

undersigned

non-attorney,

state that

I

served

a

copy

of the Joint

Motion

to

Stay

to

counsel of record

in theabove-captioned matter via U.S. Mail at One IBM

Plaza, Chicago,

IL 60611

on or before 5:00 p.m.

on

July

14,

2005.

/Si~,t4uZ~L

~/~Rrz~Jc4t/

(jønette

M.

Podlin

x

Under penalties as

provided

by law

pursuant to

735

ILCS 5/1-109,

I certify

that the statements set

forth

herein

are true

and

correct.

---

SERVICE LIST

PCB 02-1 1/PCB 02-32

(Consolidated)

Mr. Glenn

Glave

Mrs.

Doris Glave

18530 Brooke Avenue

Grayslake, Illinois 60030

Attorney for Village of Grayslake:

Matthew D.

Heinke

Holland &

Knight

LLP

131

South

Dearborn

Street

30th

Floor

Chicago, Illinois

60610

Victor

P.

Filippini,

Jr.

Darrow A. Abrahams

Holland & Knight,

LLP

131

South Dearborn

Street

30th

Floor

Chicago, Illinois 60603

Bradley

P. Halloran,

Hearing

Officer

Illinois Pollution

Control Board

James

R.

Thompson Center

100 West Randolph

Street

Suite 11-500

Chicago,

Illinois

60601

---

RECEIVED

CLERKS OFFICE

JUL

142005

ILLINOIS POLLUTION

CONTROL

BOARD

STATE OF ILLINOIS

Pollution Control Board

DORIS GLAVE and

GLENN GLAVE,

Complainants,

)

)

v.

)

PCB 02-11

(Citizens Enforcement

--

Noise)

BRENT HARRIS,

PATTY

HARRIS,

and WINDS CHANT KENNEL,

INC.,

)

Respondents.

)

___________________________________________________________________________________

)

)

VILLAGE

OF

GRAYSLAKE,

)

Complainant,

)

v.

)

PCB 02-32

(Citizens Enforcement

--

Noise)

WINDS

CHANT KENNEL, INC.,

)

(Consolidated)

)

Respondent.

)

JOINT MOTION

TO STAY

The parties

to this matter, BRENT

HARRIS, PATTY HARRIS, and WINDSCHANT

KENNEL,

INC.

(collectively,

“respondents”),

DORIS

GLAVE

and

GLENN

GLAVE

(collectively,

“the

Glaves”),

and

THE

VILLAGE

OF

GRAYSLAKE (“the

Village”), jointly

move the Board for

a stay of these consolidated matters.

This motion is brought pursuant

to

Section

101.514 of the

Board’s procedural rules.

(35 III.Adm.Code

101 .514.)

1.

The parties have reached a settlement ofthis matter.

In brief, respondents have

agreed

to

build

an

enclosed

kennel

at

a

different

location

on

respondents’

1

---

property, and have agreed to cease using the

existing kennel to house dogs or

other “noise-making animals”.

A copy ofthe executed settlement agreement is

attached as Exhibit A.

2.

In

exchange for respondents’ agreement to build the

new kennel,

cease using

the

existing

kennel,

and

record

a

covenant,

the

Glaves and

the

Village

have

agreed to

dismiss

their complaints, with

prejudice.

However,

the

agreement

does

not require the Glaves and the Village to dismiss their complaints

until 21

days after the “Cessation

Date,” provided the terms of the settlement agreement

are

satisfied.

The

“Cessation

Date”

is

defined

as

15

days

after

the

Village

issues a certificate ofoccupancy for the new kennel, or May 2, 2006, whichever

is sooner.

3.

The

parties

have

agreed

to

seek

a

stay of

these

proceedings,

to

allow

the

respondents to build the

kennel and transfer the

dogs from the existing kennel.

(See Exhibit A, paragraph

7.)

Seeking a stay of the case,

rather than dismissing

it now, protects the Glaves and the Village

in

the unlikely event that the dogs are

not

moved from

the

existing kennel

by the Cessation Date.

In that event,

the

Glaves and the

Village

can chose to terminate the settlement agreement

and

pursue this action before the

Board.

4.

Therefore, the

parties jointly seek

a stay of these

cases until May

3, 2006.

(In

the event that the Cessation Date turns out to be sooner than May 2, 2006, the

Glaves and the Village are under an obligation to dismiss these cases within 21

2

---

days,

provided the terms of the settlement agreement are satisfied.

Therefore,

the cases would be dismissed prior to the

expiration of the

stay.)

5.

These cases are enforcement cases, and thus have

no decision

deadline.

6.

Allowing a stay of these cases to May

3, 2006, would protect the parties,aflow

time for the implementation of the agreement, and

conserve the parties’ resources.

WHEREFORE,

the

parties jointly move the Board for

a stay of these proceedings

until May 3,

2006, or for such

other relief as the Board deems

appropriate.

Respectfully submitted,

BRENT HARRIS, PATTY HARRIS, and WINDS

CHANT KENNELS

By~~

~

ç

On~’~f

their attorn~yd,an~-autIi’~dzed

to

N..~grYonbehalf

of

the

GIave~)ndthe

Village

Elizabeth

S.

Harvey

Peter A.

Pogue

SWANSON, MARTIN & BELL, LLP

One IBM

Plaza,

Suite 3300

330

North Wabash Avenue

Chicago,

IL 60611

Telephone: (312) 321-9100

3