ILLINOIS POLLUTION CONTROL BOARD
    March
    16, 1995
    CONCERNED CITIZENS OF WILLIAMSON
    )
    COUNTY, and REV.
    PAUL
    CRAIN
    and
    )
    ROSE POWELL,
    as members of the
    )
    Concerned Citizens of Williamson
    )
    County,
    and individually,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 94—262
    )
    (Landfill Siting Review)
    BILL KIBLER DEVELOPMENT CORP.,
    )
    a/k/a KIBLER DEVELOPMENT CORP.,
    )
    and the WILLIAMSON COUNTY BOARD OF
    )
    COMMISSIONERS FOR
    AND
    ON BEHALF OF
    )
    THE
    COUNTY
    OF
    WILLIAMSON
    IN
    THE
    )
    STATE
    OF
    ILLINOIS,
    )
    )
    Respondents.
    DISSENTING OPINION
    (by R.C. Flemal):
    I disagree with the majority regarding reconsideration.
    believe that respondent’s motion for reconsideration should have
    been granted.
    Moreover, upon reconsideration
    I would have
    reversed our ruling of January 19, 1995 and affirmed the
    Williamson County Board’s decision to grant siting approval.
    Although it is uncontested that ex parte contact between
    Bill Kibler and the Williamson County Commissioners occurred on
    June 17,
    1994,
    I find nothing in the record that persuades me
    that conduct at that meeting rises to the level of reversible
    error.
    As the Board in its January
    19 opinion correctly
    indicates,
    it is well established that ex parte contact
    is not
    grounds for reversal unless there
    is a showing of prejudice.
    Here there
    is simply no showing of
    udice.
    For this reason I dissenW~
    Rcthald’\C. Flemal
    Board Member
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    that
    the above dissenting opinion was
    submitted on the
    ~
    day of
    ___________________,
    1995.
    Dorothy M,//Gunn, Clerk
    Illinois 1~’ollutionControl Board

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