ILLINOIS POLLUTION CONTROL BOARD
February 6, 1997
CGE FORD HEIGHTS, L.L.C.,
)
)
Petitioner,
)
)
v.
)
PCB 96-164
)
(T-C Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board on the filing of a status report in this tax
certification appeal by CGE Ford Heights, L.L.C. (petitioner), pursuant to the Board’s
November 7, 1996 order. By that order, the Board granted petitioner a stay in this
matter for six months until May 2, 1997. The stay was granted on the basis that
petitioner had filed a suit in the circuit court of Cook County and, based on the
outcome of that case, may withdraw the present petition for review before the Board.
In the same order, the Board further directed petitioner to file a status report by
February 2, 1997. Petitioner filed the required status report on January 31, 1997.
The status report indicates that a motion to dismiss the circuit court case is
pending before the circuit court and that a motion to consolidate the case with another
lawsuit, styled Village of Robbins and Robbins Resource Recovery Partners, L.P. v.
Edgar,
et al.
, No 96 CH 12873, is also pending. Petitioner also reasserts that it intends
to withdraw the permit appeal before the Board based on the outcome of the circuit
court case.
The Board hereby accepts the status report filed by petitioner and directs
petitioner to file an additional status report on or before March 18, 1997. In the event
the circuit court issues a dispositive decision in the aforementioned matter, petitioner is
directed to file a status report at that time.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above order was adopted on the _____ day of ______________, 1997,
by a vote of ____________.
________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board