ILLINOIS POLLUTION CONTROL BOARD
March
16, 1995
CONCERNED CITIZENS OF WILLIAMSON
)
COUNTY, and REV.
PAUL
CRAIN
and
)
ROSE POWELL,
as members of the
)
Concerned Citizens of Williamson
)
County,
and individually,
)
)
Petitioners,
)
v.
)
PCB 94—262
)
(Landfill Siting Review)
BILL KIBLER DEVELOPMENT CORP.,
)
a/k/a KIBLER DEVELOPMENT CORP.,
)
and the WILLIAMSON COUNTY BOARD OF
)
COMMISSIONERS FOR
AND
ON BEHALF OF
)
THE
COUNTY
OF
WILLIAMSON
IN
THE
)
STATE
OF
ILLINOIS,
)
)
Respondents.
DISSENTING OPINION
(by R.C. Flemal):
I disagree with the majority regarding reconsideration.
believe that respondent’s motion for reconsideration should have
been granted.
Moreover, upon reconsideration
I would have
reversed our ruling of January 19, 1995 and affirmed the
Williamson County Board’s decision to grant siting approval.
Although it is uncontested that ex parte contact between
Bill Kibler and the Williamson County Commissioners occurred on
June 17,
1994,
I find nothing in the record that persuades me
that conduct at that meeting rises to the level of reversible
error.
As the Board in its January
19 opinion correctly
indicates,
it is well established that ex parte contact
is not
grounds for reversal unless there
is a showing of prejudice.
Here there
is simply no showing of
udice.
For this reason I dissenW~
Rcthald’\C. Flemal
Board Member
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify
that
the above dissenting opinion was
submitted on the
~
day of
___________________,
1995.
Dorothy M,//Gunn, Clerk
Illinois 1~’ollutionControl Board