ILLINOIS POLLUTION CONTROL BOARD
    September 12, 1991
    JAMES W. TURNER,
    )
    Complainant,
    PCB 91—146
    v.
    )
    (Enforcement)
    )
    RICHARD TOFT, PRESIDENT
    )
    CHICAGO TITLE TRUST & COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    On August 21, 1991, the Board received a Motion to Dismiss
    this case filed by the Respondent. The Complainant has not
    responded to that Motion to Dismiss. The Motion asserts that the
    complaint was filed against the wrong party as Respondent holds
    the legal title, but only under a trust agreement. The Notion
    further asserts that the trust agreement provides that the
    beneficiary of the trust has the right to possession and control.
    The Board hereby denies the Notion to Dismiss as the Board
    believes that the “control” of the property is a factual issue
    which will be better decided after a hearing on the merits.
    The Board directs the Hearing Officer to set this matter for
    hearing.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cert~fythat the above Order was adopted on the
    /1-
    day of
    ~-~-i,
    1991, by a vote of
    7o
    126—8 7

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