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    S0475515.1 6/21/05 CJN CJN
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
     
    MATHER INVESTMENT PROPERTIES )
    L.L.C.
      
      
      
      
    )
    )
    Complainant, )
    )
    v. ) Case No. 05-29
    )
    ILLINOIS STATE TRAPSHOOTERS )
    ASSOCIATION, INC., )
    )
    Respondent. )
     
     
    PETITIONER’S RESPONSE TO RESPONDENT’S
    MOTION FOR LEAVE TO FILE REPLY
     
     
    NOW COMES Petitioner, Mather Investment Properties, L.L.C., by its attorneys, Sorling,
    Northrup, Hanna, Cullen & Cochran, Ltd., Charles J. Northrup, of counsel, and hereby objects to
    Respondent’s Motion For Leave to File Reply In Support of Motion for Stay Instanter. In support,
    Petitioner states:
    1. On or about June 7, 2005 Respondent filed its Motion for Leave to File Reply.
    2. Pursuant to 35 Ill.Adm. Code 101.500(e) of the Board’s procedural rules, no party has
    a right to reply unless such a reply is: (1) allowed by the Board; and (2) necessary to prevent
    “material prejudice.”
    3. Respondent makes no allegation of “material prejudice.” Respondent merely
    contends that it will be “prejudiced” if unable to respond to the matters raised in Petitioner’s
    Response (See R. Mot. par. 2). This failure to allege
    material prejudice
    dooms Respondent’s
    Motion. See People v. Skokie Valley Asphalt Co., et al., PCB No. 96-98 (June 5, 2003)(“Bald
    assertions that material prejudice will result is not sufficient for the Board to grant a motion for leave
    to file.”)
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JUNE 22, 2005
     
     
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    S0475515.1 6/21/05 CJN CJN
    4. Respondent’s sole allegation in support of its Motion is that it must be allowed to
    respond to Petitioner’s arguments in response to Respondent’s original Motion For Stay that were
    not anticipated by Respondent. This is insufficient grounds for allowing a reply. No new facts are
    presented nor is the Motion to File Reply sought to correct misleading statements. People v.
    Chiquita Processed Foods, L.L.C., PCB No. 02-56 (April 18, 2002). In addition, allowing the
    Respondent to reply in this case just because it did not anticipate certain arguments raised in
    opposition to its original Motion For Stay is a circumstance potentially present in every case before
    the Board. To allow such minimal grounds to support a right to reply would eviscerate Rule
    101.500(e) and its intended applicability to only the most deserving situations where
    material
     
    prejudice would result.
    WHEREFORE Petitioner Mather Investment Properties, L.L.C. respectfully requests that the
    Board deny “Respondent’s Motion for Leave to File Reply in Support of Motion for Stay Instanter.”.
    Respectfully submitted,
    Mather Investment Properties, L.L.C.
     
     
    By:_______________________________________
    One Of Its Attorneys
     
    Sorling, Northrup, Hanna,
    Cullen & Cochran, Ltd.
    Charles J. Northrup, of Counsel
    Suite 800 Illinois Building
    P.O. Box 5131
    Springfield, IL 62705
    Telephone: (217) 544-1144
    Facsimile: (217) 522-3173
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JUNE 22, 2005
     
     
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    S0475515.1 6/21/05 CJN CJN
     
    PROOF OF SERVICE
     
     
    The undersigned hereby certifies that the foregoing document was served by electronically
    filing it with the Illinois Pollution Control Board:
     
    Dorothy Gunn, Clerk
    Illinois Pollution Control Board
    100 West Randolph St., Suite 11-500
    James R. Thompson Center
    Chicago, IL 60601-3218
     
    and one copy:
     
    Ms. Carol Webb
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Ave. East
    Post Office Box 19274
    Springfield, IL 62794-9274
     
    Mr. Fred Prillaman
    Mohan, Alewelt, Prillaman & Adami
    1 North Old State Capitol Plaza, Suite 325
    Springfield, IL 62701
     
    Mr. Richard Ahrens
    Lewis, Rice & Fingersh
    500 N. Broadway, Suite 2000
    St. Louis, MO 63102-2147
     
    and by depositing same in the United States mail in Springfield, Illinois, on the ___ day of June,
    2005, with postage fully prepaid.
     
     
    __________________________________________
     
          
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JUNE 22, 2005

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