ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
DANIEL LORDEN and HELEN LORDEN,
Complainants,
v.
)
PCB 89—19
(Enforcement)
SHERIDAN SOUTH CONDOMINIUM
ASSOCIATION,
Respondent.
ORDER OF THE BOARD
(by J. Mar1~n):
This matter
is before the Board on Respondent Sheridan South
Condominium Association’s Motion to Dismiss
the complaint
of
Daniel and Helen Lorden
(Lordens)
filed March
20,
1990.
The
Motion was premised on the Lordens’ alleged failure to timely
file an amended complaint
in
this matter.
On March 12,
1990
the
Board received the Lordens’
Motion to File Instanter which
attached the amended Complaint
for
filing.
Thereafter,
on March
22,
1990
the Hearing Officer entered
an order granting leave
to
file the amended complaint instanter and setting forth a
discovery schedule and hearing
date.
Although rulings on motions
to dismiss are within the exclusive province
of the Board, the
Hearing Officer may exercise authority over a motion
to file
instanter.
Because
the Hearing Officer has disposed of
the
Respondent’s Motion
in the manner outlined above,
the Board
denies the Motion
to Dismiss presently before
it as moot.
IT
IS SO ORDERED.
I,
Dorothy
M. Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify th~tthe above Order
was
adopted on
the
/~‘L
day of
______________
,
1990,
by
a vote
of
-7--
(T
Dorothy M. ~unn, Clerk
Illinois Pollution Control Board
110—17