ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2000
    LAND AND LAKES COMPANY,
    Petitioner,
    v.
    RANDOLPH COUNTY BOARD OF
    COMMISSIONERS,
    Respondent.
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    PCB 99-69
    (Pollution Control Facility Siting Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 23, 1998, Land and Lakes Company (Land and Lakes) filed an appeal
    pursuant to Section 40.1 of the Environmental Protection Act (Act) (415 ILCS 5/40.1) of an
    October 19, 1998 decision by the Randolph County Board of Commissioners (Randolph
    County) denying siting of a pollution control facility. Randolph County denied the siting based
    on Land and Lakes failing to meet two of the nine criteria listed in Section 39.2 of the Act (415
    ILCS 5/39.2). In this appeal Land and Lakes asserts that the proceedings before Randolph
    County were fundamentally unfair and that the decision by Randolph County was against the
    manifest weight of the evidence.
    On January 18, 2000, Land and Lakes filed a motion for summary judgment on the issue of
    whether the proceedings before Randolph County were fundamentally unfair. On January 19,
    2000, Randolph County filed a motion for partial summary judgment and a memorandum in
    support arguing that the proceedings were fundamentally fair. On February 1, 2000, Land and
    Lakes filed a response to the Randolph County motion. On February 2, 2000, Randolph
    County filed a response to the Land and Lakes motion. On February 22, 2000, Land and
    Lakes filed a motion for leave to file a limited reply
    instanter
    . The motion to file a limited reply
    instanter
    is granted.
    Both parties argue that summary judgment is appropriate on the issue of whether the
    proceedings before Randolph County were fundamentally fair. The parties maintain that there
    is no genuine issue of fact and thus summary judgment may be granted. Land and Lakes
    argues that the facts clearly demonstrate that the proceedings were fundamentally unfair and that
    Land and Lakes should be granted siting by operation of law. Randolph County contends that
    the facts clearly demonstrate that the proceedings were fundamentally fair and that this matter
    should proceed to hearing on the remaining issues.
    The Board denies the motions for summary judgment and directs that this matter proceed
    to hearing on the issues of fundamental fairness and the challenged criteria.
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    IT IS SO ORDERED.
    Board Member M. McFawn dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of April 2000 by a vote of 6-1.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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