ILLINOIS POLLUTION CONTROL
    BOARD
    December
    3,
    1992
    DANIEL LORDEN
    & HELEN LORDEN,
    )
    Complainants,
    V.
    )
    PCB 92—169
    (Enforcement)
    SHERIDAN
    SOUTH CONDOMINIUM
    )
    ASSOCIATION, JAMES
    A.
    HANSEN,
    CHARLES 3.
    LEBRUN,
    ANDREA
    3.
    )
    HROVATIN,
    JOAN
    LEE,
    IVAN
    and
    )
    CATALINA HORAK and STEVEN L.
    )
    RICHARDS, CHARLES E. ALXAN,
    )
    and RE/MAX DEERFIELD,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter
    comes
    before
    the Board on
    a
    motion to dismiss
    filed
    on
    November
    10,
    1992
    by
    respondents
    Sheridan
    South
    Condominium Association and Charles E. Alexander.
    On September 27,
    1990, the Board dismissed Daniel and Helen Lorden’s
    (Lorden) noise
    pollution complaint with prejudice.
    (PCB 89-19)
    On November 29,
    1990,
    the Board denied the Lorden’s motion for reconsideration.
    (PCB
    89-19)
    By
    the
    instant
    motion,
    respondents
    ask that
    the
    Lorden’s complaint alleging noise pollution be dismissed on the
    basis that the instant complaint is barred by the doctrine of ~
    judicata.
    The Lorden’s have not filed a response to the motion to
    dismiss.
    35 Ill. Adm. Code 101.241(b) provides that the failure to file
    a response
    to
    a
    motion
    results
    in waiver
    of
    objection to the
    motion.
    Consequently,
    the Lorden’s have waived any objection to
    respondents’ motion to dismiss.
    Moreover, the record contains no
    proof of service of the complaint upon respondents as required by
    35 Ill.
    Adm. Code 143.
    For the foregoing reasons, the Board dismisses the Lorden’s
    complaint.
    IT IS SO ORDERED.
    Section
    41
    of
    the
    Environmental
    Protection Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1041)
    provides for the appeal
    of
    final Board orders within 35 days.
    The Rules of the Supreme Court
    of Illinois establish filing requirements.
    (But see also,
    35 Ill.
    0137-0571
    2
    Adin.
    Code 101.246, Notions for Reconsideration,
    and Casteneda v.
    Illinois Human
    Rights
    Commission
    (1989),
    132
    Ill.
    2d
    304,
    547
    N.E.2d 437.)
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd1,hereby certif~ythat the above order was adopted on the
    •~7\~~
    day of
    c~.
    ,
    1992 by a vote of
    /-
    C
    Control Board
    0137-0572

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