ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
CLYDE
R. DACE,
)
)
Complainant,
)
V.
)
PCB 91—153
)
D. KOHLASE and the FOX RIVER
)
GROVE FIRE PROTECTION DISTRICT,
)
)
Respondents
)
ORDER
OF THE BOARD
(by J.C. Marlin):
This matter is before the Board on a Notion for Leave to File
Affidavit filed October 10,
1991 by Respondents D. Kohiase and the
Fox River Grove Fire Department.
The affidavit is in support of
a motion to dismiss filed by the respondents on September 16, 1991
and denied by
a Board Order dated October
10,
1991.
The motion
alleges that counsel did not receive a copy of the Board’s Order
granting leave to file supporting affidavits until October 7,
1991.
Respondents mailed the affidavit that day.
Although not in the
form of a motion for reconsideration, the motion urges, in effect,
the Board to consider the affidavit in reconsidering the motion to
dismiss.
The Complainant had previously filed a response to the
motion on September 30,
1991.
Reconsideration
is
granted.
However,
for
the
reasons
previously stated, the motion to dismiss is again denied.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board~ ~ierebycertify that
e
ye
Order
was adopted on the
_____________
day of
___________________,
1991,
by
a
vote of
7-c’
Dorothy N, ,4~1nn,
~lerk
Illinois P~)~1ution
Control Board
126—607