ILLINOIS POLLUTION CONTROL BOARD

March 19,

1982

UTE WILLUTZI,

Complainant,

v.

)

PCB 81—136

VILLAGE OF LOMBARD

)

and JAMES

S. NOBLE,

)

Respondents.

ORDER OF THE BOARD

(by 3.

Anderson):

On February 11,

1982 James Noble moved to dismiss this

action,

to which

ilte Willutzki responded February 19,

1982.

The basis for Noble’s motion is that he intends to file a new

petition for variance, whereafter “the matters prayed for by

the complainant herein shall become moot”.

The Board hereby

denies the motion as it will not dismiss

a sufficient cause

of action based on the mere possibility of the filing of a

variance petition, the outcome of which is purely speculative.

Complainant’s March 19,

1982 motion to withdraw motion

for stay is granted.

Hearing shall be scheduled within 14

and held within 45 days of the date of this Order.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the

~q

~

day of

__________________,

1982 by a vote of

~

Christan L. Mof’~, Clerk

Illinois Pollution Control Board

45—537