ILLINOIS POLLUTION CONTROL
    BOARD
    October 19,
    1995
    CONCERNED CITIZENS OF
    )
    WILLIAMSON
    COUNTY,
    AND
    REV.
    PAUL)
    CRAIN
    AND
    ROSE ROWELL,
    AS
    )
    MEMBERS OF CONCERNED CITIZENS
    )
    OF
    WILLIAMSON
    COUNTY,
    AND
    )
    INDIVIDUALLY,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB
    96—60
    )
    (Landfill Siting Review)
    BILL KIBLER DEVELOPMENT CORP.,
    )
    a/k/a KIBLER DEVELOPMENT CORP.,
    )
    AND
    THE WILLIAMSON
    COUNTY
    BOARD
    )
    OF COMMISSIONERS FOR
    AND
    IN
    )
    BEHALF OF THE COUNTY OF
    )
    WILLIAMSON IN THE STATE OF
    )
    ILLINOIS,
    )
    Respondents.
    ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    This matter is before the Board on a motion to dismiss filed
    by the respondent, Kibler Development Corporation
    (Kibler), on
    June 26,
    1995.
    On October
    6,
    1995, the Board received a response
    to the motion to dismiss filed by petitioners.
    Kibier argues
    that the Board lacks jurisdiction to review this matter.
    Kibler
    maintains that because Williamson County failed to act, there is
    “nothing whatever to review”.
    Therefore, Kibler is asking that
    the Board dismiss the petition for lack of juriediction.
    Petitioners argue that Williamson County’s failure to vote
    on the application “had the legal effect of final action which
    could only be reviewed” by the Board.
    Therefore,
    petitioners
    argue that the motion to dismiss should be denied.
    The Board has held that it has jurisdiction to review a
    nonaction by a governing body.
    (See Stephen A. Smith~etal. v.
    City of Champaiqn et p1.
    (PCB 92-55, 135 PCB 303,
    (August
    13,
    1992) ~ and Board
    of
    Trustees
    of Casner Township v.
    County of
    Jefferson (PCB 84—175 and 84—176
    (Cons.)
    (January 10, 1985 and
    April
    4,
    1995).)
    Therefore, the Board finds that it has
    juri~di~tionto r~vi~wthis matter.
    Th~motion to dismiss is
    denied.
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~r
    hereby certi~~t~the
    above order was adopted on the
    /7
    C~i
    day of ___________________,
    1995, by a vote of
    7—O.
    Dorothy N.
    A1~nn,
    Clerk
    Illinois P
    lution Control Board

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