ILLINOIS POLLUTION CONTROL BOARD

November 29,

1990

DANIEL LORDEN and HELEN LORDEN,

Complainants,

)

v.

)

 PCB 89-19

(Enforcement)

SHERIDAN SOUTH CONDOMINIUM

ASSOCIATION,

 JAMES A. HANSEN,

)

CHARLES

3.

 LEBRUN, ANDREA

3.

)

HROVATIN, JOAN LEE,

 IVAN and

)

CATALINA

HOPAK

and

SANDRA

)

SCHUG-HANSEN,

Respondent.

ORDER OF THE BOARD

 (by N. Nardulli):

This

 matter

 comes

 before

the

 Board

on

a

 motion

for

reconsideration of the Board’s September 27, 1990 order dismissing

this

 matter

 with

 prejudice

 filed

on

 October

13,

1990

by

complainants Daniel and Helen Lorden.

 In support of their motion,

complainants state “that

 at the hearing the prior

 attorney for

complainants made an oral motion for nonsuit

...

 and then absented

himself from the hearing without leave

 of the hearing

 officer”,

“that

 complainants did not have prior knowledge of the motion and

did

not

 understand

the

 nature

and

 effect

of

the

 motion”,

and

“that

 the attorney was directed to

 file

 a written motion

for

voluntary

 dismissal

of

the

 case

...

but

 failed

 without

explanation to file the motion or respond to the motion.”

 Further,

complainants state that they have expended large sums of money to

develop their case.

The conduct of complainants’ prior attorney is not a basis for

reconsideration

of

the

 Board’s

 dismissal

of

 this

 case.

Complainants’ motion for reconsideration

 is hereby denied.

IT IS SO ORDERED.

I,

 Dorothy M.

 Gunn,

 Clerk

 of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

~q~-

 day of

_________________

1990

by

 a vote of

7—c

~

~

Dorothy M.,,~in, Clerk

Illinois E~p~lutionControl Board

116—235