ILLINOIS POLLUTION CON2ROL BOARD

November 25, 1987

CITY OF ROCKFORD,

a Municipal Corporation,

Petitioner,

vs.

)

PCB 87—92

WINNEBAGO COUNTY BOARD,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On November 19, 1987, the Board, by a 5—2 vote, vacated the

decision of the ~innebago County Board (“County”) which denied

site location suitability approval, and remanded the matter back

to the County. The Order of November 19, 1987, is an

interlocutory order not otherwise appealable except in accordance

with Supreme Court Rule 308 (“SCR”).

SCR 308(a) provides as follows:

“When the trial court, in making an inter-

locutory order not otherwise appealable, finds

that t1~e order involves a question of law as

to which tnere is substantial ground for

difference of opinion and that an immediate

appeal from the order may materially advance

the ultimate termination of the litigation,

the court shall so state in writing, identi-

fying the question of law involved. Such a

statement may be made at the time of the entry

of the order or thereafter on the

court’s own

motion or on motion of any party. The Appel-

late Court may thereupon in its discretion

allow an appeal from the order.”

Ill.Rev.Stat.

1983,

ch. llOA, par.

307

The Board has authority to issue such a statement (also

known as a “Certificate of Importance”) in accordance with

Supreme Court Rule 335 (Ill.Rev.Stat. 1983, ch. I1OA, par. 335)

and Getty Synthetic Fuel v. PCB, 104 Ill.App.3d 285 (1st Dist.

1982)

83—149

---

—2—

Pursuant to SCR 308, and on its own motion, the Board finds

that its November 19, 1987, Order involves a question of law as

to which there is substantial ground for difference of opinion

and that an immediate appeal from the order may materially

advance the ultimate termination of the litigation. The

questions of law certified for appeal are as follows:

1. Whether the Board correctly determined

that the Winnebago County Board developed

the hearing record in a fundamentally

fair manner but its decisionmaking

process was fundamentally unfair; and

2. Whether the Board correctly determined

that remand was an appropriate remedy to

correct the fundamentally unfair de—

cisionmaking process utilized by the

Winnebago County Boards

IT IS SO ORDERED

Board Member 3. Theodore Meyer was not present.

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

Board, hereby certify that the above Order was adopted on

the

~

day of

~

,

1987, by a vote

of

~—o

Dorothy

.

Gunn, Clerk

Illinois Pollution Control Board

83—150