1. MOTION TO DISMISS
HINSHAW & CULBERTSON
~w
ATTORNEYS
AT
LAW
CJ..ET~Y’S
OF1cC~
BELLEVILLE,ILLINOIS
100 Park Avenue
LOS
ANGELES,~ALIFOIP~
CHAMPAIGN,
ILLINOIS
P
o
Box
1389
SAN
Fp.AI’CJSCO
CALIFORNIA
~1’L~1I
t~I-~.
II
CHICAGO, ILLINOIS
Rockford
IL 61105-1389
F~,PP~
CRYSTAL LAKE,
ILLINOIS
815-490-4900
Po!~IYI~1t~JIAB0cz
rd
JOLIET, ILLINOIS
MIAMI, FLORIDA
LISLE,
ILLINOIS
FacsimIle
815-490-4901
TAMPA, FLORIDA
PEORIA, ILLINOIS
www.hinshawculbertson.
corn
SCHERERVILLE,
INDIANA
ROCKFORD,
ILLINOIS
MINNEAPOLIS, MINNESOTA
SPRINGFIELD.ILLINOIS
RPorter@hinshawlaw.com
ST. LOUIS,
MISSOURI
WAUKEGAN, ILLINOIS
NEW YORK, NEW
YORK
PHOENIX, ARIZONA
APPLETON, WISCONSIN
MILWAUKEE, WISCONSIN
WRITER’S DIRECT DIAL
FILE NO.
787866
815-490-4920
June 20, 2003
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph,
11th Floor
Chicago, Illinois
60601
Re:
MDI Limited Partnership No. 42, Complainant
v. Regional Board ofTrustees for
Boone and Winnebago
Counties and Board ofEducation ofBelvidere District
100, Respondents
PCB No. 00-181
Your File No.
754601
Dear Mr. Halloran:
Please find
enclosed herewith two
originals
of the executed Motion
to
Dismiss for the above-
mentioned matter.
Sincerely,
HINSHAW & CULBERTSON
By:____
Richard S,P&ter
RSP:jml
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CLER~cSOF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
2
22003
MDI LIMITED
PARTNERSHIP
)
PCB
No. 00-181
#42,
an Illinois Partnership,
)
STATE OF ILLINOIS
)
Citizen’s Suit Enforcement
~°~~tiOn
Control Board
Complainant,
)
Action
)
VS.
)
REGIONAL BOARD OF TRUSTEES
FOR BOONE AND WINNEBAGO
/
COUNTIES, in their official capacity,
and
BOARD OF
EDUCATION OF
BELVIDERE DISTRICT 100, in their
official capacity,
)
Respondents.
MOTION TO DISMISS
NOW
COME
Complainant,
MDI
LIMITED
PARTNERSHIP,
#42,
an
Illinois
Partnership, by
and
through
its
attorney,
DONALD
LEVINE,
and
Respondent,
BOARD
OF
EDUCATION OF
BBLIVDERE
DISTRICT
100,
by
and through
its
attorneys,
HNSHAW
&
CULBERTSON, and
Respondent,
REGIONAL BOARD
OF
TRUSTEES
FOR BOONE
AND
WINNEBAGO COUNTIES,
in their official capacity,
by
and
through their attorney,
ROGER
RUSSELL, and fortheir Motion to Dismiss, state as follows:
1.
The parties in this case have reached a resolution ofthe matter.
2.
The
parties
hereto
jointly
motion
to
dismiss
the
entire
cause
of action
with
prejudice.
WHEREFORE, the parties hereto pray that the Illinois
Pollution Control Board enter an
Order dismissing this
cause with prejudice as to
Respondents,
Regional
Board of Trustees
for
Boone and Winnebago
Counties, in their official capacity, and Board of Education ofBelvidere
District 100.
7O365668vI
787866
Dated:
June 12,
2003
MDI LIMITED PARTNERSHIP #42, an
Illino~)Partnership,
~__
Donald Levine
One ofIts
Attorneys
BOARD
OFEDUCATIONOF
BELVIDERE
DISTRICT 100
REGIONAL BOARD
OFTRUSTEES FOR
BOONE AND WINNEBAGO COUNTIES in
their official capacity
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL61
105-13
89
815-490-4900
Roger Russell
One ofTheir Attorneys
By:HINSHAW
One of
70365668v1
787866
CLERK’S
opc~’r~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
III
juN23
2003
MDI LIMITED
PARTNERSHIP
)
PCBNo. 00-18 1
STATE OFILLINOIS
#42,
an
Illinois Partnership,
)
.
.
,
.
~
Control Board
)
Citizen s Suit Enforcement
Complainant,
)
Action
)
VS.
)
REGIONAL
BOARD
OFTRUSTEES
FOR BOONE AND WINNEBAGO
COUNTIES,
in their official capacity,
and
BOARD OF
EDUCATION OF
BELVIDERE DISTRICT
100, in their
official capacity,
)
Respondents.
MOTION TO DISMISS
NOW COME
Complainant,
MDI
LIMITED
PARTNERSHIP,
#42,
an
Illinois
Partnership,
by
and
through
its
attorney,
DONALD LEVINE,
and
Respondent,
BOARD
OF
EDUCATION
OF
BELIVDERE
DISTRICT
100, by
and
through
its
attorneys, H1NSHAW &
CULBERTSON, and
Respondent, REGIONAL
BOARD
OF
TRUSTEES FOR BOONE
AND
WINNEBAGO COUNTIES, in
their official capacity, by
and
through their attorney,
ROGER
RUSSELL,
and for their Motion to Dismiss, stateas follows:
1.
The parties in this case have reached a resolution ofthe matter.
2.
The
parties
hereto jointly
motion
to
dismiss
the
entire
cause
of
action
with
prejudice.
-
WHEREFORE, the parties hereto pray
that the Illinois Pollution
Control Board enter an
Order dismissing this
cause with
prejudice as to
Respondents,
Regional
Board of Trustees for
Boone
and Winnebago
Counties, in their official capacity, and Board of Education ofBelvidere
District 100.
70365668v1
787866
Dated: June 12, 2003
.
MDILIMITEDPARTNERSHIP
#42, an
Illinois
Partn
rsW~,
Donald Levine
One ofIts Attorneys
BOARD OF EDUCATION OF BELVIDERE
DISTRICT 100
~
Richard S.,~~ii~ier
One ofT~?irAttorneys
REGIONAL BOARD OF TRUSTEES FOR
BOONE AND WINNEBAGO COUNTIES in
their official capacity
Roger Ri~issell
One ofTheir Attorneys
HINSHAW AND CULBERTSON
100 ParkAvenue
P.O. Box.1389
Rockford, IL 61105-1389
815-490-4900
7O365668vI
787866

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