ILLINOIS POLLUTION CONTROL BOARD

January 19, 1989

VILLAGE OF KILDEER,

Complainant,

v.

)

PCB 88—173

VILLAGE OF LAKE ZURICH,

NICHOLS GROVE PROPERTIES,

LIBERTY LAKE PARTNERSHIP,

ESR/ANDEN CORPORATION,

LEXINGTON DEVELOPMENT CO.,

LEXINGTON HOMES, INC.,

Respondents.

ORDER OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on three motions. First, on

January 9, 1989, complainant the Village of Kildeer filed its

motion to voluntarily dismiss Nichols Grove Properties as a

“defendant”. That motion is granted, and Nichols Grove

Properties is hereby dismissed as a respondent.

Second, on January 17, 1989 respondents ESR/Anden

Corporation and Liberty Lake Partnership filed a motion for

extension of time in which to respond to ~i1deer’s motion for

interim relief. ESR/Anden and Liberty Lake state that Kilder’s

motion raises complex issues, and that the motion is incomplete

because Exhibits A and B, referred to in an affidavit with the

motion, are not attached to the motion. Therefore, ESR/Anden and

Liberty Lake ask for an extension of 14 days from the date which

Kildeer’s motion is made complete by attachment of Exhibits A and

B.

That motion ~or extension of time to reply is granted. The

Board notes that Kildeer filed Exhibits A & B with the Board on

January 17, 1989, along with a certificate of service stating

that copies were mailed to all defendants on January 17.

Allowing four days for delivery (see 35 Ill. Adm. Code 103.123),

responses by all respondents are due on February 6, 1989.

Because of the complex nature of the motion for interim relief,

Kildeer may file a reply by February 14, 1989.

Finally, Kildeer’s January 17 filing of Exhibits A and B was

accompanied by a motion to file those exhibits and a motion to

file three copies of those exhibits instead of ten copies. The

motion to file is granted. However, the motion to file only

95—341

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three copies of the exhibits is denied. Kildeer is direct9d to

file the additional required copies.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, ~3,erebycertify that the above Order was adopted on

the

/i’~

day of

________________,

1989, by a vote

of 7-~

Dorothy

t~~Z4

M. G~fln,

~

Clerk

Illinois Pollution Control Board

95—342