ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    ESG WATTS, INC., an Iowa corporation,
     
    Petitioner
     
    v.
     
    ILLINOIS ENVIROMENTAL PROTECTION
    AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
          
     
    PCB 01-139
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On October 25, 2001, the Board received a motion for summary judgment filed by
    petitioner in these consolidated cases. On October 29, 2001, petitioner filed a document entitled
    “Suggestions in Support of Motion for Summary Judgment” to support the motion.
     
    The Board has not received a response from respondent to either filing. Therefore,
    pursuant to 35 Ill. Adm. Code 101.500(d), respondent is deemed to have waived objection to the
    granting of the motions.
     
    Summary judgment is appropriate when the pleadings, depositions, admissions on file,
    and affidavits disclose that there is no genuine issue as to any material fact and the moving party
    is entitled to judgment as a matter of law. Dowd & Dowd, Ltd. v. Gleason, 181 Ill. 2d 460, 483,
    693 N.E.2d 358, 370 (1998). In ruling on a motion for summary judgment, the Board “must
    consider the pleadings, depositions, and affidavits strictly against the movant and in favor of the
    opposing party.”
    Id
    . Summary judgment “is a drastic means of disposing of litigation,” and
    therefore it should be granted only when the movant’s right to the relief “is clear and free from
    doubt.”
    Id
    , citing Purtill v. Hess, 111 Ill. 2d 299, 240, 489 N.E.2d 867, 871 (1986). However, a
    party opposing a motion for summary judgment may not rest on its pleadings, but must “present
    a factual basis which would arguably entitle [it] to a judgment.” Gauthier v. Westfall, 266 Ill.
    App. 3d 213, 219, 639 N.E.2d 994, 999 (2d Dist. 1994).
     
    The Board finds that based on the pleadings petitioner has not proven that there is no
    genuine issue as to any material fact and the petitioner is entitled to judgment as a matter of law.
    Therefore, the Board denies the motion for summary judgment and directs that
    PCB 01-139 proceed to hearing.
     
     
    IT IS SO ORDERED.
     
     
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    Board adopted the above order on December 6, 2001, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top