ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    GRIFFIN SERVICE and SPROULE
    )
    CONSTRUCTION COMPANY,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 93—104
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by N. Nardulli):
    This matter is before the Board on a May 27, 1993, petition
    filed by petitioners Griffin Service and Sproule Construction
    Company for review of the Agency’s denial of reimbursement for
    specific costs from the Underground Storage Tank Fund.
    Petitioners have filed an open waiver of the decision deadline in
    this matter.
    On November 12, 1993, the Agency filed a motion for summary
    judgment, a request for admission of facts, and notice to produce
    witnesses, documents and tangible things at the upcoming hearing
    scheduled for December 3, 1993. On November 29, 1993,
    petitioner’s attorneys, Roger H. Kelly and Terry N. Kurt, filed a
    motion for leave to withdraw as counsel. Also on November 29,
    1993, the Agency filed a motion to compel production of documents
    and list of witnesses and to continue hearing. On December 1,
    1993, the Board received by facsimile Griffin’s motion for
    substitution of attorneys and for extension of time.
    The Board will reserve judgment on the Agency’s motion for
    summary judgment until a later date. In addition, the Agency’s
    motion to compel production of documents and list of witnesses,
    and Griffin’s motion for extension of time are not presently ripe
    for consideration.
    Attorneys Kelly and Kurt’s motion to withdraw states “good
    cause exists for granting leave to withdraw and no prejudice will
    occur to any party if this motion is granted.” Griffin, in it’s
    motion to substitute attorney, also requests the Board to allow
    Kelly and Kurt to withdraw as counsel. In addition, Griffin
    requests that Thomas L. Kilbride be allowed to appear as
    substitute counsel for Griffin.
    The Board hereby grants the motion to withdraw. In
    addition, in order to avoid prejudice to any party, the Board
    2
    directs the hearing officer to continue the hearing.’ The
    Board notes that Mr. Griffin indicates that there exist certain
    conflicts between Griffin Service and Sproule Construction; and
    that Mr. Kilbride seeks only represent Mr. Griffin. The Board
    hereby directs Sproule Construction to inform the Board whether
    they wish to continue as a party in this matter and to inform the
    Board of whether Sproule Construction will be represented by
    counsel in this matter. Sproule Construction shall so inform the
    Board on or before January 3, 1994.
    In summary, the Board will not rule at this time on the
    Agency’s motion for summary judgment, the Agency’s motion to
    compel production of documents and list of witnesses, or
    Griffin’s motion for extension of time. The Board hereby grants
    Roger H. Kelly and Terry M. Kurt’s motion for leave to withdraw
    as counsel and allows Mr. Thomas L. Kilbride to act as substitute
    counsel for Griffin. The Board further directs Sproule
    Construction to inform the Board, on or before January 3, 1994,
    whether Sproule wishes to remain a party to this matter and, if
    so, who will act as Sproule’s counsel in this matter. In
    addition, the Board directs the hearing officer to continue
    hearing. Lastly, the Board directs Sproule Construction to
    inform the Board on or before January 3, 1994 whether Sproule
    Construction has retained substitute counsel.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the aboy~opinion and order was
    adopted on the ~
    day of
    ~-r~~J
    ,
    1993, by a vote
    of
    ~-,-~‘
    Dorothy N. G,i~n, Clerk
    Illinois PoQ)~utionControl Board
    The Board believes no prejudice will occur to the Agency,
    given the Agency’s motion of november 2~, 1~3, to continue
    hearing.

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