ILLINOIS POLLUTION CONTROL BOARD
    October 10, 1991
    JOSEPH B. STRATTON, and
    PANELA
    J.
    STRATTON,
    )
    Complainants,
    PCB 90—108
    v.
    )
    (Enforcement)
    CHARLES
    M. ROCK, and
    )
    LITTLE
    CAESAR’S
    PIZZA,
    )
    )
    Respondent.
    DISSENTING OPINION
    (by J.D. Dumelle):
    The
    majority
    has
    reopened
    this
    case
    without
    citing
    a
    procedural rule existing allowing such an action.
    The Board Order
    and Opinion of May 9,
    1991 was intended to be a final order in that
    case.
    To
    reopen
    a
    final
    order
    absent
    a
    rule
    on
    point
    or
    a
    construction of rule imperils all Board
    final orders.
    The Board
    itself has fought successfully attempts to appeal interim orders
    arguing that final orders are the only ones subject to appeal.
    Yet here
    a
    final
    order
    is thrown aside
    without
    any
    legal
    reasoning whatsoever.
    I
    would have construed
    the. complainants’
    August
    26,
    1991 letter as
    a motion subsequent to entry
    of final
    order
    (Section 103.240) and waived the late filing date.
    ç~~7
    J cob D.
    Dumelle,
    P.E.
    oard
    Nember
    I,
    Dorothy
    N.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board
    hereby
    certify
    that
    the
    abov~—7Dissenting
    Opinion
    was
    submitted on the
    /~~‘(~
    day of _______________________,
    1991.
    /
    ~7
    Dorothy M.4~unn,Clerk
    Illinois I~llutionControl Board
    126—427

    Back to top