ILLINOIS POLLUTION CONTROL BOARD
July 8, 1999
JEAN S. DIXON,
Complainant,
v.
JOSEPH BEHR & SONS, INC.,
Respondent.
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PCB 99-64
(Enforcement - Noise, Citizens)
ORDER OF THE BOARD (by M. McFawn):
Complainant Jean S. Dixon commenced this case on November 12, 1998, by filing a
formal complaint with the Board. On May 18, 1999, the Board received a letter from Ms.
Dixon stating that due to health problems she would not be able to proceed with the case “until
further notice.” Counsel for respondent Joseph Behr & Sons, Inc. (Behr) received a similar
letter, and on June 28, 1999, respondent filed a “Motion to Dismiss,” seeking dismissal of this
case without prejudice. Behr asserts that Ms. Dixon’s letters constitute a motion to voluntarily
dismiss the proceeding. Ms. Dixon has not responded to Behr’s motion.
The Board does not consider Ms. Dixon’s letter a motion to dismiss. She does not
request any specific relief from the Board in her letter, and in any event if the letter is to be
considered a motion, it could as easily be interpreted as a motion for a stay of proceedings.
Nevertheless, we hereby grant Behr’s motion and dismiss this case without prejudice. Ms.
Dixon has informed the Board that she does not intend to proceed with her complaint, and
Behr should not be required to wait indefinitely for further action in this matter. Since
dismissal is without prejudice, Ms. Dixon may re-file this case in the future if she is so
inclined.
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 8th day of July 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board