ILLINOIS POLLUTION CONTROL BOARD
    May 18,
    1995
    DENNIS MANARCHY,
    MARY
    BETH
    )
    MANARCHY,
    CHRIS MANDOLINE,
    )
    and
    BEVERLY
    KAGY-MANDOLINE,
    )
    )
    Complainants,
    )
    v.
    )
    PCB 95—73
    )
    (Enforcement
    -
    Noise)
    THE
    GOTHAN
    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 find that the complaint
    is either duplicitous or frivolous.
    On May 4,
    1995, we directed
    Gotham to provide the Board with a copy of a citation pending
    before the 1st Municipal District, City of Chicago, Department of
    the Environment and provide the Board with the status of that
    case by May 11,
    1995 so that the Board may determine whether two
    actions pending before the 1st Municipal District, City of
    Chicago and the City of Chicago Local Liquor Control Commission
    cause this instant complaint to be duplicitous and therefore
    subject to dismissal.
    We further allowed the complainants to
    file a response by May 16,
    1995.
    On May 10,
    1995, Gotham provided the Board with the a copy
    of the citation and indicated that the matter has been continued
    until June 13,
    1995.
    Gotham however, did not inform the Board,
    as did the complainants in their response, that the matter has
    been continued until June 13,
    1995 in order for the court to
    consider a motion to dismiss filed by Gotham.
    The complainants
    have attached a copy of the motion to dismiss to the response
    (Exhibit C).
    The information provided by Gotham and the
    complainants further indicates that Gothain has been requested by
    the corporation counsel for the City of Chicago to provide a
    noise abatement plan in determining fines which may be imposed on
    Gotham if Gotham is found in violation of the City’s municipal
    ordinance on noise.
    On our
    own
    motion, we are entering a stay in this case
    pending the 1st Municipal District’s resolution of the motion to
    dismiss the citation issued by the City of Chicago.
    From the
    information provided by the parties, we note that a hearing will
    take place on June 13,
    1995 in the 1st Municipal District, and
    therefore, the parties shall file status reports on June 30,
    1995
    2
    indicating the court’s ruling on the motion to dismiss,
    if any.
    If the court does not rule on the motion to dismiss, Gotham shall
    inform the Board as to the dates of any scheduled hearings on the
    motion to dismiss and/or the specific status of the case in the
    1st Municipal District.
    Additionally, the status reports shall
    indicate the status of the second matter pending before the City
    of Chicago Local Liquor Control Commission.
    Finally, we direct
    the Board hearing officer to continue the hearing in this case,
    which is currently scheduled for Nay 22,
    1995, until such time as
    the Board lifts the stay and rules upon Gotham’s motion to
    dismiss and vacate.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /~~dayof
    _____________,
    1995,
    by a vote of
    _____________
    Illinois
    Control Board

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