ILLINOIS POLLUTION CONTROL BOARD
    September 27, 1990
    DANIEL LORDEN
    & HELEN LORDEN,
    )
    Complainants,
    )
    v.
    )
    PCB 89-19
    (Enforcement)
    SHERIDAN SOUTH CONDOMINIUM
    )
    ASSOCIATION, JAMES A. HANSEN,
    )
    CHARLES
    J. LEBRUN,
    ANDREA J.
    )
    HROVATIN, JOIAN LEE,
    IVAN
    and
    )
    CATALINA
    HORAK
    and
    SANDRA
    L.
    )
    SCHUG-HANSEN,
    Respondents.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter comes before the Board on a “Motion for Judgment”
    filed
    on
    September
    11,
    1990
    by
    respondent
    Sheridan
    South
    Condominium Association and.a “Motion for Default and Imposition
    of Sanctions’
    filed on September 14, 1990 by respondents Charles
    J.
    Lebrun,
    Andrea Hrovatin,
    Joan
    Lee,
    Ivan
    and Catalina Horak,
    Sandra Schug—Hansen and James Hansen.
    This protracted litigation
    came to hearing on September
    7,
    1990,
    at which time complainants orally moved for a voluntary non—
    suit
    and
    respondents
    orally moved
    for an order
    of
    default
    and
    judgment in their favor.
    The hearing officer entered an order on
    September 10, 1990 directing the respective parties to file written
    motions and accompanying memorandum with the Board no later than
    September 14, 1990 and to file responses to their responses to the
    respective motions no later than September 21, 1990.
    The hearing
    officer also noted in his order that complainants’ counsel absented
    himself from the hearing without leave of the hearing officer.
    As
    noted
    above,
    respondents
    have
    filed
    their
    written
    motions
    as
    directed
    by
    the
    hearing
    officer.
    Complainants,
    however,
    have
    failed to file a written motion as directed.
    Complainants were given the opportunity to present their case
    at the September
    7,
    1990 hearing and failed to meet their burden
    of proof.
    Complainants also failed to timely file a written motion
    for voluntary non—suit and to respond as directed to respondents’
    motions.
    Therefore,
    the Board hereby grants respondents’
    motions
    and this matter is dismissed with prejudice.
    Section
    41
    of the Environmental
    Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1041)
    provides
    for the appeal
    of
    final orders of the Board within 35 days.
    The Rules of the Supreme
    115—85
    2
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ____
    day of
    ________________
    ,
    1990,
    by a vote of
    _________________
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois pollution Control Board
    1
    1 S-Sb

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