ILLINOIS POLLUTION CONTROL BOARD

March

2,

1978

PEOPLE OF THE STATE OF ILLINOIS

)

and ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainants,

V.

)

PCB 77—143

PETER

D. GIACHINI,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

This matter before the Board concerns Complainants’

Motion

to Strike Respondent’s Affirmative Defense filed

on

November

2,

1977.

The Complainants object to the entry

of the two actions against Respondent by the State’s

r~ttorneyin the Circuit Court of Cook County as

“additional

defense” to this action.

In response to this Motion,

Peter

D.

Giachini claims on February

24, 1978, that these actions

serve as

a bar and a complete defense to this action under

the

doctrine of res judicata.

Since there is no evidence before us in these pleadings,

the

Board does not find it proper to rule on such complex

issues as the c~’octrineof res judicata and the question of

concurrent jurisdiction between the Circuit Court and

this

Board.

The Board will hereby dismiss the Motion to Strike

Respondent’s Affirmative Defense.

Complainants may renew

this Motion at the conclusion of the evidence.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Contro,

Board, hereby certify the above Order was adopted on

the ~

day of

________________,

1978 by a vote of

____

Christan L.

Moffe

,

lerk

Illinois Pollution

ntrol Board

29

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