ILLINOIS POLLUTION CONTROL BOARD
    April
    11, 1991
    GOOSE LAKE ASSOCIATION,
    )
    Complainant,
    PCB 90—170
    v.
    )
    (Enforcement)
    ROBERT J. DRAKE, SR., FIRST
    )
    NATIONAL BANK OF JOLIET AS
    )
    TRUSTEE, TRUST NO.
    370
    )
    Respondents.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter is before the Board on Plaintiff (sic)* Goose Lake
    Association’s Motion to Add Additional Defendant filed March
    26,
    1991.
    On March
    28,
    1991 Respondents
    filed their
    Objection to
    Complainant’s Motion to Add Additional Defendant (“Objection”).
    In addition to objecting to the motion raised by Complainant,
    the Respondents’
    Objection requests the Board to bar all
    issues
    raised by Complainant
    in
    an
    action
    filed
    by the developers
    of
    Botomika Subdivision against Grundy County, Illinois in the Grundy
    County Circuit Court.
    (see pars. 12-15 of Respondent’s Objection)
    The
    Objection
    alleges
    that
    the
    Complainant was
    an
    intervenor-
    defendant in that action and was bound by
    a settlement agreement
    reached therein.
    That action was purportedly dismissed by
    the
    Grundy County Circuit Court
    (No. 88-NR-6)
    on September 26,
    1990,
    (See Exhibit “D” to Respondent’s Objection).
    On October
    25,
    1990
    the
    Board
    issued an Order
    finding the
    Complaint
    in
    this
    matter
    neither
    “duplicitous”
    nor
    frivolous.
    However, the circumstances of the suit referred to above were not
    considered by the Board in making this finding.
    The Board desires
    additional information concerning the issues raised
    in the Grundy
    County Circuit Court proceeding, and therefore grants Complainant
    10 days from the date of today’s Order to file a reply,
    including
    a copy of the settlement agreement entered into,
    if any.
    The Board
    will
    then
    consider
    the
    motion
    raised
    by
    Complainant
    and
    the
    Objection filed by Respondent.
    IT IS SO ORDERED.
    *
    Should
    be
    entitled
    “Complainant”;
    the
    opposing
    party,
    “Respondent.”
    12 1—37
    2
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above~Order was adopted on the
    /tzZ~’
    day of ________________________,
    1991 by
    a vote
    of
    .
    Dorothy N. (~unn, Clerk
    Illinois Po~1lutionControl Board
    121—38

    Back to top