1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 THOMAS and KIMBERLY CORNING, )
    )
    4 Complainants, )
    )
    5 vs ) No. PCB 96-69
    )
    6 THURELA'S PAM and ARTHUR
    HEGJI, )
    )
    7 Respondents. )
    8
    9
    10
    11 The following is a transcript
    12 of a hearing held in the above-entitled matter
    13 taken before KIM M.
    HOWELLS, CSR, a notary
    14 public within and for the County of Cook and
    15 State of Illinois, on the 3rd day of January,
    16 A.D., 1997, before JUNE C. EDVENSON, ESQ.,
    17 Hearing Officer, at the Lake Zurich Village
    18 Hall, 70 East Main Street, Lake Zurich,
    19 Illinois, commencing at 11 o'clock a.m.
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292

    2
    1 HEARING TAKEN BEFORE:
    2 ILLINOIS POLLUTION CONTROL BOARD,
    James R. Thompson Center
    3 100 West Randolph Street
    Suite 11-500
    4 Chicago, Illinois 60601
    (312) 814-6930
    5 BY: MS. JUNE C. EDVENSON, ESQ.
    6
    APPEARANCES:
    7
    THE JEFF DIVER GROUP,
    8 45 South Park Boulevard
    Suite 270
    9 Glen Ellyn, Illinois 60137
    (630) 790-0001
    10 BY: MR. STEVEN P. KAISER,
    11 Appeared on behalf of the Complainants,
    12
    PARTRIDGE &
    NIRO, P.C.,
    13 900 West Jackson Boulevard
    Suite 5 East
    14 Chicago, Illinois 60607
    (312) 850-1906
    15 BY: MS. ELLEN L. PARTRIDGE,
    16 Appeared on behalf of the Respondents.
    17
    18 ALSO PRESENT:
    19 Pam Hegji
    Arthur Hegji
    20
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292

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    1 I N D E X
    2
    Page
    3
    Opening Statement by Mr. Kaiser.......... 7
    4
    Opening Statement by Ms. Partridge....... 12
    5
    6
    7 E X H I B I T S
    8 Marked for
    Identification
    9
    Respondents' Exhibit No. 1............ 12
    10
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    L.A. REPORTING (312) 419-9292

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    1 THE HEARING OFFICER: Good morning and
    2 welcome. This is a contested case hearing
    3 conducted by the Illinois Pollution Control
    4 Board, Case No. PCB 96-69 entitled Thomas
    5 Corning and Kimberly Corning, complainants,
    6 versus Thurela's Pam Hegji and Arthur Hegji,
    7 respondents. This case is in the nature of a
    8 noise enforcement proceeding.
    9 My name is June Edvenson. I am the
    10 board's hearing officer for this case. I will
    11 now request that counsel for the parties enter
    12 their appearances for the record.
    13 MR. KAISER: Good morning. My name is
    14 Steven Kaiser, K-a-
    i-s-e-r. I am the attorney
    15 for the complainants, Thomas and Kimberly
    16 Corning, and I believe I've previously filed
    17 an appearance with the board.
    18 THE HEARING OFFICER: Thank you.
    19 MS. PARTRIDGE: My name is Ellen Partridge
    20 for Thurela's Pam and Arthur
    Hegji.
    21 THE HEARING OFFICER: Thank you.
    22 Let the record also show that we have
    23 some members of the parties with us, and
    24 welcome, Mr. and Mrs.
    Hegji. And let the
    L.A. REPORTING (312) 419-9292

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    1 record show there are no other persons in
    2 attendance.
    3 All right. Are there any preliminary
    4 motions or stipulations?
    5 MR. KAISER: No, Madam Hearing Officer.
    6 THE HEARING OFFICER: All right. Then what
    7 I would like to do before we proceed is
    8 discuss the order of the hearing and also
    9 briefly summarize what has occurred in this
    10 case.
    11 The complaint in this case was filed on
    12 September 20, 1995. Mr. Kaiser filed his
    13 written appearance on November 3, '95, and in
    14 the meantime, a motion to dismiss was filed
    15 with the board. The motion to dismiss, I
    16 believe, was ruled on, and the bulk of
    17 calendar year 1996 was spent in discovery
    18 activities and negotiations between the
    19 parties.
    20 In the early fall of '96, or shall I say
    21 late summer of '96, the board entertained a
    22 proposed stipulation and settlement agreement
    23 that was submitted by the parties. And on
    24 August 15th, the board ruled, and I'll quote
    L.A. REPORTING (312) 419-9292

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    1 just briefly.
    2 "The board recognizes the inconvenience
    3 and expense involved with sending this matter
    4 to hearing. However, the board cannot waive
    5 the statutory requirement that a hearing be
    6 held. If the parties desire the proposed
    7 stipulation and settlement agreement to be
    8 entered into a board order, a hearing must be
    9 held. However, if the parties do not wish the
    10 stipulation and proposed settlement agreement
    11 to be entered into the record, the complainant
    12 may withdraw the complaint, and the board will
    13 close the docket in this matter without
    14 addressing a stipulation and proposed
    15 settlement agreement."
    16 Thereafter, the parties determined to, I
    17 believe,
    renegotiate details of the proposed
    18 settlement, and we had a new appearance filed
    19 on behalf of the respondents. Miss Partridge
    20 filed her appearance on August 29, 1996.
    21 That takes us up to the present, and, I
    22 believe, the parties are ready with a
    23 settlement agreement.
    24 Is that correct?
    L.A. REPORTING (312) 419-9292

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    1 MR. KAISER: Yes, we are, Madam Hearing
    2 Officer.
    3 THE HEARING OFFICER: All right. Okay.
    4 Again, in terms of the order, let's just have
    5 the complainants make their statement, and the
    6 respondents can make their statement.
    7 O P E N I N G S T A T E M E N T
    8 by Mr. Kaiser
    9 Thank you.
    10 Yes, we concur with the outline of the
    11 history of this proceeding. As you noted,
    12 Miss Edvenson, the complaint was filed on
    13 September 20, 1995. My clients, Thomas and
    14 Kimberly Corning, had moved into their home in
    15 the late fall of 1993.
    16 As the board may know by a review of the
    17 documents, the
    Hegjis, who are here today, and
    18 my clients, the
    Cornings, share a property
    19 line. The
    Hegjis live to the east. The
    20 Cornings live to the west.
    21 Shortly after moving in -- and on the
    22 Hegjis property, Mr. and Mrs.
    Hegji are
    23 engaged in kennel operations. They raise
    24 German shepherds both for the pleasure it
    L.A. REPORTING (312) 419-9292

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    1 brings them and also for show and on occasion
    2 to sell these animals.
    3 The barking of the German shepherds as
    4 it existed in the late fall of 1993 and
    5 throughout 1994, as we maintained in our
    6 complaint, unreasonably interfered with the
    7 ability of Tom and Kim Corning and their
    8 family to enjoy the peace and quiet to which
    9 residents of the state of Illinois are
    10 entitled.
    11 They felt that there was no other
    12 recourse but to file a complaint in September
    13 of 1995 and noted that shortly after the
    14 filing of the complaint the kennel noise
    15 abated, and the noise has remained at a level
    16 which is acceptable to the
    Cornings,
    17 essentially since the filing of the
    18 complaint.
    19 As you noted, we did engage in discovery
    20 in this matter. We briefed the motion to
    21 dismiss. The motion to dismiss was denied.
    22 We exchanged written discovery. Both sides
    23 filed interrogatories and responded to
    24 interrogatories. In addition, all parties
    L.A. REPORTING (312) 419-9292

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    1 were deposed. Thomas and Kimberly Corning sat
    2 for depositions, and Pam and Art
    Hegji also
    3 had their depositions taken.
    4 About the time of the depositions,
    5 Mr. Greg
    Zack, the noise enforcement
    6 specialist for the Illinois Environmental
    7 Protection Agency, got involved, came up to
    8 Lake County, and was allowed by the
    Hegjis to
    9 view their kennel operations. And I want to
    10 acknowledge on the record the role that
    11 Mr. Zack played in bringing the parties
    12 together and finding essentially a middle
    13 ground in helping the parties design
    14 acoustical structures which would help keep
    15 the noise to a minimum and also discussing
    16 with the
    Hegjis behavioral changes that could
    17 be made in the way they handle their animals
    18 in the areas of their property that were
    19 acceptable to the
    Hegjis and which would bring
    20 relief to the
    Cornings.
    21 His role was critical. He identified
    22 these structural changes. It's the assistance
    23 of the party's behavioral changes and it's
    24 those changes, those structural changes, that
    L.A. REPORTING (312) 419-9292

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    1 are embodied in the agreed stipulation and
    2 proposal for settlement.
    3 We arrived at, essentially, the terms of
    4 that order in June of 1996. Then there was
    5 some discussion about how to perfect the
    6 settlement, as you noted, and the board
    7 required that there be a public hearing. And,
    8 frankly, we're grateful that this period of
    9 time has gone by.
    10 It has allowed both sides to gain a
    11 certain level of comfort with the controls
    12 that are in place. My clients feel that if
    13 the Hegjis abide by the terms of the
    14 agreement, they will be allowed to enjoy the
    15 property in the way they had hoped.
    16 Similarly, I think the
    Hegjis will buy a
    17 certain peace of mind from this knowing that
    18 these are the rules that they've agreed to and
    19 that adherence to those rules, we hope, will
    20 resolve this dispute between neighbors.
    21 It's with that background in mind and
    22 with the hopes that the terms set forth in the
    23 agreed stipulation will provide a basis for
    24 resolution that we've come before the board
    L.A. REPORTING (312) 419-9292

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    1 today and ask the board to enter as an order
    2 of its own the terms set forth in the agreed
    3 stipulation.
    4 And with that, we move the board to do
    5 so, and we thank the board for providing the
    6 Cornings with this vehicle or this forum in
    7 which to bring their conflict to a peaceful
    8 resolution.
    9 So thank you, and we look forward to the
    10 final resolution in this matter.
    11 THE HEARING OFFICER: Thank you,
    12 Mr. Kaiser. And I have before me what is
    13 entitled Agreed Stipulation and Proposal for
    14 Settlement that has been submitted here
    15 today.
    16 Does this represent the final settlement
    17 that is proposed?
    18 MS. PARTRIDGE: Yes. We also join in the
    19 motion for the agreed stipulation and proposal
    20 for settlement on behalf of Pam and Arthur
    21 Hegji.
    22 THE HEARING OFFICER: All right. Because
    23 it's coming in as a hearing, I will identify
    24 it as an exhibit of the hearing and it will be
    L.A. REPORTING (312) 419-9292

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    1 Exhibit No. 1.
    2 (Respondents' Exhibit No. 1
    3 marked for identification,
    4 1/3/97.)
    5 O P E N I N G S T A T E M E N T
    6 by Ms. Partridge
    7 I would just like to add that the
    Hegjis
    8 did move to this area because there were three
    9 kennels that were licensed directly in a row
    10 including one that had been on the
    Cornings'
    11 property and one on the
    Hegjis' property and
    12 one on the property on the other side.
    13 They moved to this area with the idea of
    14 having a dog kennel in an area where it would
    15 be an acceptable use of the property. And
    16 this stipulation is without any agreement that
    17 they violated any provisions of the
    18 Environmental Protection Act.
    19 THE HEARING OFFICER: All right.
    20 Any further comments?
    21 MR. KAISER: Nothing further from the
    22 complainants.
    23 THE HEARING OFFICER: All right. Okay.
    24 Then, at this point in time, I believe our
    L.A. REPORTING (312) 419-9292

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    1 hearing is concluded. I want to thank the
    2 counsel and the parties for their attendance,
    3 and I believe that the board will have a
    4 completed transcript in this matter within
    5 eight workdays.
    6 I know that they are interested in
    7 prompt resolution of all matters for which the
    8 record is closed and ready for discussion, and
    9 I know they will look forward to seeing your
    10 stipulation and ruling on it.
    11 Thank you very much for your attendance
    12 and cooperation in our process.
    13 (Which were all the
    14 proceedings had in this
    15 matter at this time.)
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    L.A. REPORTING (312) 419-9292

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    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF C O
    O K )
    3
    4 I, KIM M.
    HOWELLS, CSR, do hereby state
    5 that I am a court reporter doing business in
    6 the City of Chicago, County of Cook, and State
    7 of Illinois; that I reported by means of
    8 machine shorthand the proceedings held in the
    9 foregoing cause, and that the foregoing is a
    10 true and correct transcript of my shorthand
    11 notes so taken as aforesaid.
    12
    13
    14 ______________________________
    KIM M.
    HOWELLS, CSR
    15 Notary Public, Cook County, IL.
    16
    17
    SUBSCRIBED AND SWORN TO
    18 before me
    this________day
    of___________, A.D., 1997.
    19
    __________________________
    20 Notary Public
    21
    22
    23
    24
    L.A. REPORTING (312) 419-9292

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