ILLINOIS POLLUTION CONTROL BOARD

September 13, 1973

EDWARD F. LEKAN

V.

)

PCB 73—269

ENVIRONMENTAL PROTECTION AGENCY

James K. Jenks, Assistant Attorney General, on behalf of

Agency

ORDER OF THE BOARD (by Mr. Seaman)

The Petitioner, Edward F. Lekan, filed a petition for

variance which was received by the Environmental Protection

Agency (Agency) on July 3, 1973.

The Petitioner seeks relief from Order #7 of League of

Women Voters v. North Shore Sanitary District, PCB 70-7, 12,

13 and 14 (March 31, 1971)

,

in order to obtain a sewer

connection permit for a proposed Dairy Queen restaurant to

be located in Lake County, in Waukegan, Illinois.

The Petitioner alleges that the property in question has

been purchased and leased to International Dairy Queen, Inc.,

which has in turn subleased the property to one Adam Schmidt.

Adam Schmidt, it is alleged, will operate the restaurant

to be built on the premises. The Agency, questions whether

Petitioner is the proper party to bring this matter before

the Board. The Petitioner has sold his interest in the property.

(see page 1 of petition for variance) The Agency further

questions whether Petitioner can properly assert

the hardships

alleged in the petition for variance, since those hardships

are not shown to be personal to

him,

We agree, Petitioner has no standing.

Petition

dismissed

without prejudice.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

by the Board on the

/J~~

day of___________ 1973 by a vote

of

________

to

~

.

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