ILLINOIS
    POLLUTION CONTROL BOARD
    April
    29,
    1982
    ALICE WElCH and HULDA WElCH,
    Complainants,
    PCB 81—175
    WILLARD VAN DRUNEN, WARREN
    LINDELOF, BEN BACHRACH, and JOHN
    BROWN,
    Respondents.
    ORDER OF THE BOARD
    (by J.D,
    Durnelle):
    On March 25,
    1982 John Brown moved that he be dismissed
    from this action in that he does not own or control any portion
    of any business entity which complainants have alleged to have
    violated enviromental
    laws in this matter.
    On April ~.4,1982
    Willard Van
    Drunen moved
    for dismissal or stay of this entire
    action as duplicitous due to complainants having filed Case
    No.
    82
    Cii
    2128 in the Chancery Division of the Circuit Court
    af Cook County.
    On April 15,
    1982 the complainants filed a
    response to Mr. Brown~smotion to dismiss, and on April
    29,
    1982 filed
    a response to Mr. Van Drunen~smotion.
    Both
    motions are
    hereby denied.
    Complainants have stated
    a cause of action against Mr.
    Brown,
    and the question of his
    ownership or control
    is a question of fact best determined at
    hearing,
    The question
    of whether this action is duplicitous
    is a threshold question which was determined when the Board
    originally accepted this case and is therefore moot.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the
    Illinois Pollution
    Control Boa~dhereby certify that the above
    Order was adopted
    ontheq~day
    of
    ,
    1982 by
    a
    vote
    Q~s~L,MoffCler~
    Illinois Pollutio
    ntrol Board
    46-497

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