ILLINOIS POLLUTION CONTROL BOARD
    September 21, 1995
    DENNIS MANARCHY, MARY BETH
    )
    MANARCHY, CHRIS MANDOLINE,
    )
    and BEVERLY KAGY-MANDOLINE,
    )
    )
    Complainants,
    )
    )
    v.
    )
    PCB 95-73
    )
    (Enforcement - Noise)
    THE GOTHAM NIGHTCLUB and
    )
    JJJ & ASSOCIATE,INC.,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    This matter is before the Board pursuant to a motion to dismiss and
    vacate filed by the respondents on April 21, 1995 to which the complainants
    filed a response on April 25, 1995. Gotham is requesting that we vacate our
    order of March 16, 1995 which accepted this case for hearing and found that
    the complaint is neither frivolous or duplicitous. Gotham believes the
    complaint is duplicitous based on actions pending in two other jurisdictions:
    one before the 1st Municipal District, City of Chicago and the second before
    the City of Chicago Local Liquor Control Commission. On May 18, 1995 we
    entered a stay in this matter and directed that the parties file status
    reports regarding these two actions, which they did on June 30, 1995 and on
    September 1, 1995.
    In the September 1, 1995 status report, the respondents state that the
    case before the 1st Municipal District was nonsuited by the City of Chicago on
    August 17, 1995, and is no longer pending. The second case remains before the
    Chicago Local Liquor Control Commission with a final decision being due by
    September 31, 1995 on whether the Gotham Night Club's liquor license until
    4:00 a.m. should be revoked in favor of a license until 2:00 a.m.
    Based on the September 1st status reports, we will lift the stay in this
    matter and decide the respondents' motion to dismiss. Regarding the 1st
    Municipal District case, as that case is no longer pending, there is no
    concern that it is duplicitous with the citizens' enforcement action at issue
    before the Board. We note that the city's withdrawal of the citation against
    the respondents would not prohibit our hearing the merits of the complaint in
    this action. Regarding the action pending before the Commission, that case
    may ultimately only resolve any alleged noise pollution concerns occuring from
    the hour of 2:00 a.m. to 4:00 a.m. whereas the complaint pending before the
    Board raises allegations of other nighttime hour violations. Accordingly,
    respondents' motion to dismiss the case and vacate our March 16, 1995 order is
    hereby denied. This case shall return to the hearing process to be scheduled
    for hearing.
    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 ____ day of
    _______________, 1995, by a vote of _______________.
    2
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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