ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1993
    CONCERNED CITIZENS OF
    )
    WILLIAMSON
    COUNTY,
    and
    R.S.
    BLAXELY
    and
    MAX
    )
    STUCKER,
    as members of
    Concerned Citizens of
    )
    Williamson County,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB
    92—204
    )
    (Landfill Siting Review)
    )
    BILL KIBLER DEVELOPMENT
    )
    CORP., a/k/a KIBLER
    DEVELOPMENT CORP.,
    and the
    WILLIAMSON COUNTY BOARD OF
    )
    COMMISSIONERS,
    )
    Respondents.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    This case is before the Board on a February 5,
    1993 motion
    to dismiss the amended petition for review,
    filed by respondent
    Kibler Development Corporation (Kibler).
    Petitioners Concerned
    Citizens of Williamson County, and R.S. Blakely and Max Stucker,
    as individual members of Concerned Citizens of Williamson County
    (collectively, Citizens), have not filed a response to the motion
    to dismiss.
    Kibier asks that the Board dismiss the amended petition
    filed by Citizens on January 27,
    1993,
    and accepted for hearing
    by the Board on February 4,
    1993.
    Kibler contends that Citizens
    amended petition alleges four procedural flaws,
    and that all four
    alleged deficiencies in the local proceeding are “facially
    incorrect and belied by the record.”
    (Motion at 1.)
    Thus,
    Kibler asks that the Board dismiss the petition for failure to
    state a cause of action.
    Finally, Kibler requests,
    in the
    alternative to its request that the proceeding be dismissed, that
    the Board treat the instant motion as a motion for summary
    judgment, and that summary judgment be granted in its favor.
    The motion to dismiss is denied.
    The Board fails to see how
    it can determine that the flaws alleged by Citizens are “belied
    by the record”, when the record of this proceeding has not yet
    been filed with the Board by the Williamson County Clerk.
    As to
    the request that the Board treat Kibler’s motion as a motion for
    summary judgment, the Board notes that Kibler has not pled any of
    the elements of summary judgment.
    Even if Kibler had done so,
    it
    Ot39-O6O~
    2
    is still necessary to review the record (not yet on file with the
    Board)
    in ruling upon a request for summary judgment.
    Kibler’s
    request that the Board treat the motion as a motion for summary
    judgment is also denied.
    Kibler is, of course, free to raise
    these motions again at hearing.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certfy that the above order was adopted on
    the
    ~
    day of
    ________________,
    1993,
    by a vote of
    ~‘
    /L~)
    ~Dorothy Mi~3unn,Clerk
    Illinois ~6llution Control Board
    0139-0602

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