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