ILLINOIS POLLUTION CONTROL BOARD
    September
    23,
    1983
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 76—84
    SANTA FE PARK ENTERPRISES,
    INC.,
    )
    Respondent.
    DISSENTING OPINION
    (by J.
    Theodore Meyer)
    I agree with the majority opinion of the Board when it
    reached the conclusion that enactment of P.A.
    82—654 entirely
    deprived the Board of sporting event: noise
    jurisdiction,
    p.4, ~
    3 of the majority opinion.
    I disagree with the majority opinion of the Board
    finding
    that removal of most sporting event noise in the purview of
    the Act amounts
    to an unreasonable limitation of Article XI,
    Section
    2 of the Illinois Constitution, and the action of the
    Legislature
    is,
    therefore,
    unconstitutional.
    The Pollution Control Board does not have the power or
    authority to decide the constitutionality of Illinois statutes.
    The determination on the constitutionality of Statutes is the
    power reserved exclusively to the judicial branch of our
    state government.
    It is violative of the doctrines of separation
    of powers.
    The Pollution Control Board is the administrative agency
    of the executive branch of government having certain limited quasi—
    judicial functions.
    Administrative agencies do not and cannot
    exercise concurrent powers with the judicial branch of
    government.
    The action of this administrative agency is an encroachment
    on judicial power.
    Constitutionality of statutes
    is an exclusive
    judicial power.
    3.
    Theodore Meyer
    Bo~rdMember
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Bord, hepbY certify
    tIl.at the above Dissenting Opinion was
    filed on the
    ~
    day of
    ~te~LL4&;
    ,
    1983.
    Christan
    L.
    Moffet~tuiClerk
    Illinois Pollution Control Board
    54-73

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