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)
    DISSENTING OPINION (by M. McFawn):
    Before the Board are two opposing motions for summary judgment on whether this landfill siting
    proceeding was fundamentally fair. Both parties agree that there is no genuine issue of fact remaining.
    Both parties rely on the same discovery depositions to support their respective motions. Both parties
    fully briefed the law applicable to and supportive of their respective motions. Finally, each party argued
    that, there being no genuine issue of a fact, it is entitled to summary judgment as a matter of law. Yet,
    the majority summarily denied both motions for summary judgment. The majority did not identify any
    outstanding issue of fact when it denied both motions; it merely sent this matter to hearing.
    I disagree with the majority’s decision not to resolve the pending motions for summary
    judgment. Both parties want us to resolve this question based upon the facts and law now before us.
    More importantly, the motions are properly before us for decision on their merits. After examining that
    record, including the discovery depositions the parties both offer in support of their respective motions, I
    found no remaining issue of fact. Notably, neither did the majority. Since no question of material fact
    exists, the questions which remain are legal and must be resolved by applying the law to the facts in this
    case. Nothing impedes us from engaging in that exercise now.
    Through their motions for summary judgment, the parties have sought to resolve this issue (and
    possibly the entire case) in an efficient and legally correct manner. They should not be required to
    proceed to hearing absent any rationale for denying summary judgment. I believe that we are obligated
    as a judicial body to address their motions and afford them the relief they seek through summary
    judgment.
    Marili McFawn
    Board Member
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    dissenting opinion was submitted on the 10th day of April 2000 .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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