ILLINOIS POLLUTION CONTROL BOARD
March 20, 1997
LIONEL TREPANIER, DANIEL MILLER,
WES WAGER, MAUREEN COLE,
LORENZ JOSEPH, MAXWORKS GARDEN
COOPERATIVE and AVI PANDYA,
Complainants,
v.
SPEEDWAY WRECKING COMPANY and
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ILLINOIS,
Respondents.
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PCB 97-50
(Enforcement - Citizens)
ORDER OF THE BOARD (by K.M. Hennessey):
This is a citizens’ enforcement case involving the demolition of several buildings in the
area of Halsted and Maxwell streets in the City of Chicago. The complaint alleges that
respondents have demolished or will demolish certain buildings and have created or will create
air pollution and open dumping in violation of the Illinois Environmental Protection Act.
Now pending before the Board is the March 6, 1997 motion of the Board of Trustees of
the University of Illinois (University) for leave to file its general denial and affirmative
defenses, to cure any technical defaults, to postpone the hearing of this matter and to allow the
additional appearance of Mr. Jeddeloh and the firm of Burditt & Radzius. The University also
attached its first request to produce and its first set of interrogatories to its motion.
Complainants have not filed a response to the University’s motion.
In its motion, the University states that it received the Board’s order of January 23,
1997, which granted the complainants’ motion to add the University as a respondent, on or
about January 29, 1997. (Mtn. at 1.) The University states that it retained the services of Mr.
Jeddeloh and his firm shortly thereafter, who have prepared the answer, affirmative defenses
and discovery requests attached to the motion. (
Id
.) The Board grants the University’s motion
insofar as the motion seeks to cure any technical defaults. The Board also grants the
University’s motion to the extent that it seeks leave to file the University’s general denial,
affirmative defenses and appearances of its attorneys.
The University also states that on January 31, 1997, the Hearing Officer in this case
issued an order setting this case for hearing on May 21, 1997. (Mtn. at 2.) The University
requests that the hearing be postponed for at least one month, or until after complainants have
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fully answered the University’s written discovery. (
Id
.) The University states that after it
receives discovery responses, it may wish to schedule depositions or to file a motion for
summary judgment. (
Id
.) The University also requests that a status conference be set for 45
days hence. (
Id
.) The Board refers each of these matters to the Hearing Officer.
IT IS SO ORDERED.
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