BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BARBARA STUART and RONALD
)
STUART,
)
Complainants,
)
)
v.
)
)
FRANKLIN
FISHER and PHYLLIS
)
FISHER,
)
Respondents.
)
kL~CEIVEJ~
c~
r~ucs
OFFICE
1~)
JUL
-9~2UQ3
STATE
OF ILLINOIS
Pollution
Control Board
No.
PCB 02-164
Citizen Enforcement
To:
DorothyM. Gunn
Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Barbara & Ronald Stuart
213
E. Corning Road
Beecher, IL 60401
Bradley P. Hallorañ
Suite 11-500
100
W. Randolph St.
Chicago, IL 60601
NOTICE OF FILING OF DOCUMENT
DIRECTED
TO HEARING OFFICER
PLEASE
TAKE
NOTICE that I have,
on July
10, 2003, filed with the Office ofthe Clerk
ofthe Pollution
Control Board the Respondent’s Motion to Compel
Compliance with
Discovery, a copy ofwhich is herewith served upon you.
CERTIFICATE OF
SERVICE
I, David G. Harding, certify that on July
10, 2003, I served the attached Response by
delivery to Dorothy M. Gurin and Bradley P. Halloran at their address as shown above,
and by pre-paid first class mail upon all others to
whom directed to their addresses as
shown above.
David G. Harding
Attorney for Respondents
100 N. LaSalle St.,
Suite
1107
Chicago, IL 60602-3803
(312) 782-3039
A
THIS FILING IS SUBMITTED ON RECYCLED PAPER
-v
RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL B~A~’5
OFFICE
BARBARA STUART and RONALD
)
JUL
9
2003
STUART,
)
STATE OF ILLINOIS
Complainants,
)
Pollution
Control Board
)
V.
)
No.
PCBO2-164
)
Citizen Enforcement
FRANKLIN FISHER and PHYLLIS
)
FISHER,
)
Respondent.
)
MOTION TO COMPEL COMPLIANCE
WITH DISCOVERY
Respondent, Franklin Fisher,
herein moves to compel compliance with
discovery, pursuant to
35 Ill,Adm.Code
§
101.610, and in support thereof, states as
follows:
I. INTERROGATORY / REQUEST FOR PRODUCTION
1.
On September
5,
2002, Respondents served Complainants with
Interrogatories and Request for Production.
Copies of requests and responses are
attached as Exhibits A and B.
2. On October
10, 2003, Complainants responded to Respondent’s Interrogatory
23, providing the name, address and telephone number ofGregory Zak as an
expert/opinion witness, but failed to provide, as requested, the expert’s report, stating
that it was
still being prepared.
3. Contacting the expert directly in early April of2003, Respondent’s attorney
was told that no report had been prepared, but that Mr. Zak had, indeed, been retained.
4. On April 25, 2003,
Complainants broadcast to Dorothy Gunn, Bradley
Halloran, Bobby Petrungarro and Greg Zak a libelous letter misrepresenting the content
ofthat conversation and alleging unethical conduct against Respondent’s counsel,
including violation ofan inapplicable rule which some of the recipients may not have
known was in applicable.
5.
Given Respondent’s inability to obtain Mr. Zak’s report without running the
risk of further such conduct by Complainants and the damage to an otherwise
exemplary reputation for ethical conduct which would naturally result from further
informal, although legitimate, attempts to obtain the report, an order compelling
production ofthe report seems the only appropriate alternative.
II. REQUESTS FOR ADMISSION
6. On September 5, 2002 and March-20, 2003, Respondent served Requests for
Admission upon Complainants.
Requests are attached as Exhibits
C and D; responses
are attached as Exhibits E and F.
7. It appears that Complainants admitted all statements and the genuineness of
all attached documents, but did so amid such a clutter ofirrelevant and inappropriate
verbiage and procedural critique that it may not be readily apparent that admissions
were made.
8. Denials, pursuant to rule, were to have been made under oath, but neither
Complainant submitted responses under oath.
9. For the sake ofcertainty, a finding ofadmission of eachoffered statement is
appropriate on either basis
—
express admission in fact or admission by operation of law
for failure timelyto
deny under oath.
WHEREFORE, Respondent, Franklin Fisher, moves for an order compelling
compliance and finding admission in conformity with the foregoing.
Respectfully submitted,
David G. Harding
Attorney for Respondents
100 N. LaSalle
St., Suite 1107
Chicago, IL 60602-3803
(312) 782-3039
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BARBARA STUART and RONALD
)
STUART,
)
Complainants,
)
)
v.
)
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER and PHYLLIS
)
FISHER,
)
Respondent.
)
MOTION TO COMPEL COMPLIANCE WITH DISCOVERY
Respondent, Franklin Fisher, herein moves to compel compliance with
discovery, pursuant to 35 Ill.Adm.Code
§
101.610, and in
support thereof~states as
follows:
I. INTERROGATORY / REQUEST FOR PRODUCTION
1. On September 5, 2002, Respondents served Complainants with
Interrogatories and Request for Production.
Copies of requests and responses are
attached as Exhibits A and
B.
2. On October
10, 2003, Complainants responded to Respondent’s Interrogatory
23, providing the name, address and telephone number ofGregory Zak as an
expert/opinion witness, but failed to provide, as requested, the expert’s report, stating
that it was still being prepared.
3. Contacting the expert directly in early April of2003, Respondent’s attorney
was told that no report had been prepared, but that Mr. Zak had, indeed, been retained.
4. On April
25,
2003,
Complainants broadcast to Dorothy Gunn, Bradley
Halloran, Bobby Petrungarro and Greg Zak a libelous letter misrepresenting the content
ofthat conversation and alleging unethical conduct against Respondent’s counsel,
including violation ofan inapplicable rule which some ofthe recipients may not have
known was in applicable.
5.
Given Respondent’s inability to obtain Mr. Zak’s report without running the
1
risk offurther such conduct by Complainants and the damage to an otherwise
exemplary reputation for ethical conduct which would naturally result from further
informal, although legitimate, attempts to obtain the report, an order compelling
production ofthe report seems the
only appropriate alternative.
II. REQUESTS FOR ADMISSION
6. On September 5, 2002 and March 20,
2003, Respondent served Requests for
Admission upon Complainants.
Requests are attached as Exhibits C and D; responses
are attached as Exhibits E and F.
7. It appears that Complainants admitted all statements and the genuinenessof
all attached documents, but did so amid such a clutter ofirrelevant and inappropriate
verbiage and procedural critique that it may not be readily apparent that admissions
were made.
8. Denials, pursuant to rule, were to have been made under oath, but neither
Complainant submitted responses under oath.
9. For the sake ofcertainty, a finding of admission of each offered statement is
appropriate on either basis
—
express admission in fact or admission by operation of law
for failure timely to deny under oath.
WHEREFORE, Respondent, Franklin Fisher, moves for an order compelling
compliance and finding admission in conformity with the foregoing.
Respectfully submitted,
David G. Harding
Attorney for Respondents
100 N. LaSalle St., Suite 1107
Chicago, IL 60602-3803
(312) 782-3039
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BARBARA STUART ~nd RONALD
)
STUART,
)
Complainants,
)
)
V.
)
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FIS~EJ,
-
)
)
Respondent.
)
To:
BaThara Stuart
and
Ronald Stuart
213 E.
Corning Rd.
-
213 E.
Corning Rd.
Beecher, IL
60401
Beecher,
IL 60401
-
INTERROGATOIUES AND
R~OUE~T
FOR PRODUCTION T
çOMLAIN~S
Each complainant is hereby requested, in conformity with the provisions of35
Ill.Adm,Code §101.202,
§101.616 and
§101.620, to answer
the
following
interrogatories
in writing, under oath, and to serve sworn answers and clear, accurate copies ofall
documents in your possession or control or readily obtainable by you containing
information responsive thereto on respondent’s attorney on or before October 4, 2002:
1. State the full
name
ofthe complainant answering, as well as your
current
residence address, date of
birth,
marital status, driver’s license number
and issuing
state,
and social security number.
2.
State the full name and current residence addtess
and telephone
number ofeach
person
who witnessed or claims to have witnessed the occurrences that
are the
subjects of
your complaint, including for each, the date ofeach such occurrence.
3.
State the full name
and
current residence address ofeach person not named in
interrogatory No, 2 above who was present and/or claims to have been present at the
scene immediately before,
at the time of, and/or immediately
after any
occurrence.
4. Have you flied any lawsuit or other proceeding alleging
any fact alleged In the
complaint in this proceeding?
If so, state the court,
the caption, the case number,
the
1
claim filed, the demand for relief, the ultimate dispositior;
and
-the name, ~&dres~
and
telephone number ofthe person or organization who decided the issues.
-
5. Have you complainedto any government or quasi-governmentofficial
regarding any fact alleged or-referred to in the complaint?
If so, state the na~ne,
address,
-
telephone number and position ofeach person to whom such a co~
plaint
w~-s
tuiade, the
date ofthe complaint, any file or identifying number assigned to the complaint -and the
action taken in response to the complaint.
6. Have
you
entered
into
any written agreements with the respondent, Franklin
Fisher, or with any person or entity under which agreement provided
any
benef~t
to
respondent, Franklin Fisher?
If so, state the date ofthe agreement, the
names,
addresses
and
telephone numbers ofall parties to the agreement, and the- name, address
and
telephone n-umber ofeach person
in
possession ofa copy ofthe agreement.
7. Have you given
any written or
oral release to any party relating to
any
fact
alleged or -referred to in the complaint?
Ifso, state the date ofthe release, the -names,
addresses and telephone numbers of
all
parties to the release,
and
the nat.-e~
addiess
and
telephone number ofeach person in possession ofa copy ofthe release,
-
8. Describe
all injuries or losses to persons or property sustained as a result of
any
occurrence stated or referred to
in your complaint.
9.
With regard to
any
injuries to a person residing on
your property,
state:
a. The
name,
address and telephone number of
each
attending- pi-y~-cian
and/or
health care professional;
h. the name, address -and telephone number ofeach consulting physician and/or
health
care
professional;
-
-
-
c
the
name
and
address
ofeach person and/or laboratory taking
any
X4~,ay,
M~and/or other radiological tests of you;
-
d. the date or inclusive dates on which each ofthem rendered-you
ser~ice;
e. the
amou
ts paid to date of
thcir
respective bills for services,
and;
2
f.
from which ofthem you have
written reports.
10. With regardto
any injuries to your property,
state th e exact nature
ofthe
injury,
and if a loss
was
sustained, the value ofthe loss,
and
the method b~,rwhi~h
the loss
was calculated.
--
- -
ii-. As a resultofyour injuries, were you a patient or outpatient in a±--y
hospital
and/or dir-ic?
If so, state the
names
and addresses of a-li
hospitals
and/or clinics, the
amounts oftheir respective bills and the date or inclusive dates of th--eir serVices.
12. As
the
result of your pers~-nal
injuries, were you unable to ~ork?
~
State:
a.
The name
and
address ofyour employer, if any, at the
time
ofthe occurrence,
your wage and/or salary, and the name ofyour supervisor or forepeison;
b. the date or inclusive dates on which you were unable to work;
c. the
amount
of
wage/and
or income loss claimed by you, and;
d. the
name
and address ofyour present employer
and
your wage and/or
salary.
13.
State
any and
all other expenses, losses or injuries to person or property you
claim as a result ofany occurrence alleged or referred to
in your--. complaint.
-
-~k~
to each
expense and/or loss, state the date
or dates it was incurred, the name ofthe’person,
firm
and/or
-corn-pany to whom such amounts
are
owed, ~-‘ltetherthe
e~cpense-and!oi,
loss in
question has been paid,
and
if so, by who-rn it was paid,
and
-describe the
teasn
andJ~r
purpose for- each expense and/or loss.
14. Are you claiming
any psychiatric, psychological and/or emotional injuries as a
result ofthis occurrence?
If so, state:
a. The name
of the person injured;
-
b.
The name
ofany psychiatric, psychological and/or emotional injury claimed
-and the name
and
address ofeach psychiatrist, physician, psychologist, therapist
or other health
care
pro-fe--ssio~~ai
rendering you treatment for each
injury;
c. whether you had suffered
any psychiatric,
psychological and-or emotional
injury prior to the
date
ofthe occurrence,
and;
-
-
3
d. If the
answer
to (b) is
affirmative, p-lease state when
and
the nature of any
psychiatric,
psychological
and/or
emotional
injury and
the
name
and
address
of
each psychiatrist, physician, psychologist, therapist or other
hea1-ti~
care
professional rendering-youtreatment for each injury.
15.
Have
you ever filed any other claim, suit
o-r corn-plaint of
any
kind with any
court, administrative -body or private mediation or arbitration service?
Ifso, state the
nature ofthe claim, suit or-complaint, the iiarne ofthe court or
administrative:
body,
and
the captions in which filed, the years filed,
and
the titles
and
docket numbers ofeach,
16. Were any photographs, movies and/or videotapes taken ofthe scene ofthe
occurrence or ofthe persons or instrumentalities involved?
Ifso, state the date or dates
on which such photographs, movies and/or videotapes were taken, the subj~t
thereof,
who now has custody of them,
and
the
name,
address
and
occupation
and employer
ofthe
person taking them,
17. Have you (or has anyone acting on your behalf) had.
any
conversations with
any
person at
any
time
with
regard to the manner in which the occurrence(s) complained
of occurred, or have you overheard any statements made by
any
person at any time with
regard to
the
injuries complained ofby complainants or
the
manner in whichthe
occurrence(s) complained of occurred?
Ifthe answer to this interrogatory is in the
affirmative, state the following:
a.
The date or dates ofsuch conversations and/or statements;
h. The place of such conversations and/or statements;
c.
All
persons present for the conversations and/or statements;
d. The matters and. things stated by the person in
the
conversations -and/or
statements;
e. Whether the conversation was oral, written, recorded, filmed or videotaped,
and;
f. Who has possession ofthe statement if written, recorded, filmed or
videotaped.
4
18. Do
you know ofany statements made by any person relatingto the
occurrences alleged or referred to in the corn--plaint?
If so, give the name, address and
telephone number ofeach such witness and the date ofthe- statement,
and state whether
such statement was written and/or oral, and the name, address and telephone nuniber of
each person who h-as posses-si-on oftile statement ifwritten, recorded, filmed
or
videotaped-.
19. Rave you, any person assisting in the preparation
-of
your answers to
these
interrog-atot-ie5, or any-person who will be a witness at hearing ever been convicted ofa
misdemeanor invoi:ving -dishonesty or afalse statement -or any felony? If so~
state the
name, address andtelephone number ofthe person, the nature ofthe conviction, the
statute under which charged, the date ofthe conviction, and the court
and
the ea;-tion in
which the conviction occurred.
For the purpose of this interrogatory, a plea ofguilty shall
be considered as a conviction.
-
20. Have you received any payment and/or
other considerationfrom any soiree in
relation to or in compensation for the injuries alleged in your complaint?
-if youranswer
is in
the- affirmative,
st--ate:
a.
The amount of such paymentand/or other consideration received;
b. the name
ofthe person,
firm, insurance company-and/or eorpera~-ionraking
such payment or providing other consideration and the reason for: the payment
and/or other consideration, and;
C.
whether there are any documents
evidenci-n
such payment anrLdor other
consideration received.
21.
State the date you
o-r any person currently in residence first occuj.:i-ed, ~.—d
all
purposes
for i-’hich you or any other person use the land and structures commonly known
as 213
East Coming Road, Beecher, Illinois,
and state the name ofeachperson residingat
that address and the relation-ship ofeach to you, and identify by Will County Recorder’s
document number and -date ofrecording the document by which title was conveyed to the
5
current owner ofthat land.
22.
-Has anyperson taken any measurements ofthe sound which you alleged to be
noise po1h~--ibn?
Ifso~
state:
-
a. The time, date and
exact location (measured
i-n feet from the nearest point on
-
-
the lot line of eachofthe parties, and further measured in feet fro~n
any-device
allegedto have .geneitted the measured noise) at which measurements were
taken;
b.
the name, -address
and
telephone number ofth.e person who took
t-h-e
measurements;
c. the make, mo-del and serial number of each device used to measure
the
sound;
d. the make, model and serial number ofeach-device used to calibrate the sound
-
measurement device,
the time and date ofthe last calibration prior to the taking
ofth-easuren:-ents
and
the next calibration after taking measurements, -and the
deviation discovered or correction performed at each such calibration, and;
e. all measurements produced, including peak, intermittent and ambient
readings.
23. Provide the name, address and telephone number ofeach witness who will
testify at hearing,
and:
a, As to lay witnesses, persons giv--ing only fact or lay opinion testimo~iy,
identify the subjects on which each witness
will testify;
b. as to independent expertwitnesses,
persons giving experttestimony who are
not parties, currently employed by one or more parties, orretained as experts by
a party, identify the subjects on which the witness
will testify
and the opinions
the party expects to elicit;
-
e. as to controlled expert witnesses, persons giving -ex---~erttestintony
who
are
parti-es~
currently employed by one or more parties, or retained as e~perts
by a
party identify:
i. The subject matter on which each such witness
will testify;
ii. the -conclusions and opinions ofthe wit-ness and the factual~
theoretical
and scientific baa-es ofeach conclusion or opi-ni-on;
iii.
the qualifications ofeach such witness, and;
6
iv.
any reports prepared by the witness about the case.
24. List the names and addresses ofall other persons (other than yourself and
persons heretofore listed) who have knowledge ofthe facts ofthe occurrences and/or of
the injuries claimed to have resulted therefrom.
25. Identify any statements, information
aridlor
docuxn:ents known -to you. and
requested by any ofthe foregoing interrogatories which yo-u claim to be work product or
subject to any common law or statutory privilege, and with respect to each interrogatory,
specify the legal basis for any such claim of privilege or objection.
David G. Harding
Lopez & Harding
Attorneys for F-espOndent
Suite 22-04,
1 ~4N. LaSa-ile St.
Chicago, IL
60602-1121
(312)782-3039
PROOF OF SERVICE BY MAIL
-
I, David G.
Harding, the attorney, certify that I served the foregoing
interrog-atories by mailing a copy to each person to v-horn directed and depositing the
same in the U.S. mail at
134
North
LaSaile Street, Chicago,
Illinois at or before
4:00 p.m.
on September 5, 2002, with proper postage pre-paid.
7
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
BkRBARA STUART and
)
RONALD STUART,
Complainants,)
)
No.
PCB 02-164
v.
)
Citizen Enforcement
FRANKLiN FISHER
-
)
Respondent
)
)
To:
David G. Harding
Lopez and Harding
Attorney
for
Respondent
134 N, La Salle
St.
Suite 2204
Chicago, Illinois 60602
3 l2-782-3039
INTERROGATORIES RESPONSE
REQUEST FOR
PRODUCTION TO
RESPONDENT
CERTIFICATE OF
SERVICE
We,
Barbara
Stuart
and Ronald Stuart, certify that on October 10,
2002, we served the
attached Interrogatories Response request to the attorney ofthe respondent
Franklin
Fisher by U.S.
mail at the Beecher Post Office, i3eecher,
Illinois 6-
-
-
with proper,
postage pre paid.
/
/
44
4-~
~
~
All rnformation has been submitted on recycled paper.
Please see responses to
In-terroga-to-ries on the attached pages.
Pages 2
thru Ii
1
The following consists ofthe interrogatories responses to Mr.. G~
Harding for
respondent Fran-kiln Fisher.
I
.Barbara and Ronald Stuart:
address;
213 E.
Corning
Rd. Beecher,
Illinois 60401
phone number
708-946-9546.
Marital status: Married.
Date of
Birth:
Ronald
Stuart
10-
2-51, Barbara Stuart 2-14-5 1.
The drivers
license numbers and social security number
will not be ~ven at this time.
This case is a matter ofpublic view,
and neither Ronald or
I want to divulge our Drivers Lie. Number or SS# for fear of“Identity theft”.
2.
Witnesses:
a.) Wayne Genis
125
F.. Corning Rd. Beecher, illinois 708-946-0950 dates ofwitness:
Aug.
Sept, Oct. of2001
and July, August, Sept. of2002.
b.)
Karen Cancialosi 231
F.. Corning Rd. Beecher, Illinois.
Dates ofwitness Aug, Sept,
Oct of2001
and July, August,
Sept
2002.
Also was
An eye witness ofthe 8-8-01
occurrence ofthe cannons being fired off at 6:00
a.m. that morning for thefirst time. Witness to noise ofcannons
August, Sept.
Oct. of2001
and again July, Aug,
Sept.Oct. of2002.
c.) Kathy Collina 143
E. Corning Rd. Beecher Illinois.
Moved from home this August
Witness to cannons
Aug, Sept, Oct. of2001, and July, August, September 2002
Also witness to Daughter Danielle
5
years old being extremely distraught
ofnoise ofcannons during these times.
Kathy Collin.a and her family moved
August of2002 new address
is:
12755 Ponderson Palos Hts, Ill. 60463
d.) Carol Henrichs 510 WoodwardBeecher, Illinois 60401 708-946-2013 Witnessed
Sounds ofcannons Aug.
Sept, and Oct 2003,
and again July, August, Sept, 2002.
She lives two miles away and could hear the cannons at times.
e.)J.R. Grossman 357 F.. Corning Rd. Beecher, illinois 60401.
Witnessed cannon
Noise Aug, Sept, Oct 2001
and July, Aug,
Sept,Oct
2002.
f.)Donald Stuart 4924 W.
149tt~
St.
Oak Forest, illinois 60452
.
BrotherofRonald
Stuart.
Has come out to our resident, can testify to several times hearing cannons
Both in 2001
and 20-02 summer months,
g.)David Pillotto
5911
Stuart
Lane
OakForest, Iii. 60452 708-687-0664.
Witnessed
Cannon noise on 7-23-02
and 7-25-02.
h.)James O’Neil
9701
S.
Charles St.
Chicago, illinois 60431. Witnessed cannon
Noise on 7-23-02 and on 7-25-02.
i.)Jerry and Debbie Seracini (new- next
door neighbors)
143
Corning Rd.
.Beecher,
Witnessed cannon noise during Aug, Sept.
and Oct. of2002.
2
j.)
Michael
Stuart,
son ofRonald and Barbara Stuart 213
E.
Corning Rd.
Beecher
Illinois. Michael is the son with a
SNHL,
(Sensori neural Hearing Loss)
who
experiences pain with cannon noise.
k.)Police officers
Sgt. Nudera, Evidence Tech Young ,from the Will County Sheriff
Office.
Incident report no.
2001-013853 Phone number 815-727-Also present were
members ofLand Use Department ofWill County respondingto complaints ofcannons
on August 27, 2001.
Here at
my resident recording cannon
sounds between 4
and
5
p.m.
on a weekday
Exhibit A (copy attached)
1.)Officer
Spiegel, Will County Sheriff Dept.
708-672-5700 took complaint ofthreat
made by Franklin Fisher to Barbara Stuart.
Cannons were operating that day.
Occurrence 7-26-02
See attached
Exhibit
B.
Note~On
tb-c
sam-c
day Franklin
Fish-er also approached
J..R. Grossman at his borne at 357 Corning Rd
making a
threatening remark,
This has
been document on 7-26-02 wi-tb tb-c W.C
Sheriff’s
office.
Note:
Ifphone numbers were omitted it is because people d:id
n-ot want to make their
phones numbers available.
We need to respect theirwishes out ofcourtesy.
Also
be aware petition ofneighbors wanting Franklin Fisher to stop using the cannons
will be used as Exhibit C.
(copy attached)
3. We have friends who frequently come out to visit.
Teny Stephens
from
Midlothian,
708-388-0654, and
Donald
Stuart 4924 W.
149th
St. Oak Forest, Illinois 60452.
These
two
particular individuals have been at our home beforethe cannons were used, and
during the time the cannons were used.
They are well aware ofthe difference when the
cannons are operating and when they are off.
4. A small claims ease was filedwith the Will
County Court for small
claims in
November of 2001.
Do not have file number, The reason for taking Mr.
Fisherto court
was to be reimbursed for damages which occurred to my pet of 10 years
old on
the dayhe
first began using the cannon devices.
In December of
2001
around the 9~
or i0~,
the
Judge Mathis Court show called
me
to inform me they looked at the small claims cases at
the Will County small claims court.
I was told the Judge Maihis show would like us
to
go on
air and have a hearing based on our claims.
I said I was reluctant, but said if Frank
agreed then we would consider doing it.
Frank decided to
appear, andwe went along
with
it.
I do not have the case number. It was a small
claims case for the death ofour
golden retriever who was injured on 8-8-01 when the cannons first began to operate.
The request for damages was approximately thirteen hundred dollars to cover the cost
of
veterinarian bills, burial expenses,
and the initial value of
my
pet..The deciding
organization was the Judge Mathis Show.
The decision made by Judge Mathis was in
favor or
Franklin Fisher.
3
5. Yes, I complained to the Will County Land Use Department.
Ron
Grotowski, Will
County Land Use, summer of2001
and
2002.
Mr. Grotowski
arranged
for the
Will
County Sheriff’s dept to come to our home with an
evidence Tech by thename ofYoung.
Young took measurements which were recorded and I have possession ofa copy ofthe
taping ofthe cannon sounds and the decibels on the meter.
This tape will be used as
Exhibit
ID. After the investigation it was suggested I file a noise complaint
for citizen
enforcement.
However this year after another person complained ofthe cannon noise,
the case was being looked at again,
this tim.e with more knowledge of State rules and
regulations. Jim Hefron, who works with Mr.
Grotowaki with the Will
County Land Use
Dept also became very involved and initated some investigating. He has consulted with
the State’s Attorney office ofWill County along with the Will County Board.
At this time, assistant State’s Attorney Bobby Petrungarro is reviewing the issues
ofnoise
and
i,n this case is going to make a motion to the IPCB to be a friend ofthe court on
behalfofWill County.
Note: Will
forward to tape ofreadings to Mr. Harding as soon as
available. Bobby Petrungarro was to contactMr. Hal-loran, hearing officer regarding this
motion on Friday
10-04-02.
6.Answer: No
7.
Do not understand this question.
Do not understand “release”.
Please define and
explain
“release”.
8. We feel we have lost the use ofthe enjoyment ofour property.
My son who is
13
is
required to stay indoors when the cannons are blasting.
Michael has a Sensori
neural
hearing loss. A letter from Dr.
Battista has been
written on Micbaeis behalfexplaining
the diagnosis and the implications ofloud sounds related to
the cannonsto the Will
County States Attorney
office
Exhibit E, copy
attatched.
Impulse noises are harmful to
his hearing nerve.
Michael has
lost the outside social activities for a boy his
age.
Ronald Stuart has congenital hearing problems.
Ron
also is being treated now for high
blood pressure
as ofSept. 2001.
Ron
is quite agitated and botheredby the cannon
noise.
This not only affects
his Blood pressure, but he too is at risk for hearing damage.
Myself, Barbara Stuart have problems with anxiety because ofthe cannons. Cannot open
windows due to noise, and cannot
sieep during daytime if cannons are blasting. I
have a
long history of
migraine
headaches sometimes brought on by stress and tension.
I find
it difficult to work in my garden, or use our swimming pool when the cannons are
operating.
They are
very distracting, and a nuisance.
I myselfBarbara Stuart try
and
avoid being outdoors when they are operating during the summer months, My ears are
very sensitive to noise.
When
a person
suffers from Migraine headaches either their
sense oflight or noise in heightened.
In
my case it is noise
that is amplified.
4
Having had livestock ofGeese, ducks,
and
chickens for three years, we have found that
many ofthe hens are poor with laying eggs.
Some ducks have taken off due to the
gunshot like
sounds.
We have three golden retrievers.
Two
of
them require sedation when the cannons are
very loud
due to their gun shyness.
Letter oftreatment from Veterinarian attached,
Exhibit
F. See attached copy.
This
is
stressful for Ron and I because we do not like to
give sedation to perfectly healthy animals.
We have lost the beauty ofthe wildlife ofdeer which was
around before the cannons.
We lose many ofthe migratory birds during the summer months due ~othe cannons.
Some ofthose birds which inhabit this areaare protected by the government and are on
the endangered species list for the stateof
Illinois.
I consider this a loss ofenjoyment to
my property
in many ways.
In addition to this when
we have company over people remark “How do you
guys put up
with this” referring to the cannons.
Soto us it’s a little embarrassing because our guests
are also annoyed by the sounds.
I feel
like a prisoner in my own home during the summer months.
I cannot ei~joy
being
outdoors when the cannons are operating.
Our lifestyles change completely during the
summer months due to these obnoxious devices.
We constantly worry about Michael and his hearing loss.
I am depressed because of
moving into a beautiful quiet rural area, which Ronald and I worked very hard to
achieve.
Now it
is tarnished by
one farmerwho insists on using a controversial cannon device for
crow contml.
I, Barbara
Stuart
constantly have to take medication
(imitrex) to stop the migraine
headaches I have so often from these noises. I have lost time from work dueto headaches
caused by stress ofthose cannons,
I loose about 2, (sometimes mo-re) hours of sleep every
morning he (Mr.
Fisher) starts
the cannons
at which is around
5:30a.m
9. Physician information:
a.
Michael Stuart,
attending physician Dr.
Denise Cook
5901 W.
159th
St. Tinley Park
Illinois 708-429-3300.
Michael
Stuart, ENT
Dr. Neil Lofcy Rush Presbyterian
Hospital, Tinley Park office
Professional bldg.
5901 W.
159th
St.
Tinley Park,
Illinois 60477
.
Phone 444-1530, and also Dr. Battista 950 York Road,
Hindsdale,
Illinois 60521
phone: 630-789-3110.
b. Barbara Stuart
attending
and cardiologist Dr. Lynn
Brown 5901 W.
159t1’I
St. Tinley
Park
Illinois 429-3300. Dr. Marquis
19635
South Lagrange Mokena, Ill 708-479-0700
therapist for
anxiety
related problems.
5
Ronald Stuart: Cardiologist
Dr. Kakavas,
St. Francis Hospital Heart Care Center, Blue
Island, Ill.
708-824-1 124.Ronald is treated for high blood pressure since Sept 2001.,
next
appointment is
10-16-02
c. Tests performed on the above.
A CT scan ofthe head was done for Michael to rule out pathology (tumor) when first
diagnosed with S.N.H.L.
Also
be has had many audiograms.
At th.e Will County Board ofHealth through the
school.
Audiograrns at Ingalls Calumet Family care center.
And
at Dr. Battista’s
office.
Most recent was done through the school on
9-25-02,
and at Dr.
Battista’s on
9-27-02. Note:
On 9-27-02 Dr. Battista informed us that
hearing has decreased in the
left ear.
He is writing a letterto the States Attorney regarding this issue.
Ronald Stuart has a echocardiogram performed, and a stress test performed at St.
Francis hospital heart center I
believe was in Dec. of2001.
d.
Dates
of
services:
Barbara Stuart has seen Dr. Marquis on
a
monthly basis, last date of
service was
8-24-02.
Dr.
Lynn Brown is seen every 6
months
for
Type
two diabetes, Mitral
Valve Prolapse, Migraine headaches.
Last seen on 4-02
Michael Stuart:
Has been seeing Dr.
ILofchy for past 2 years for bearing, and sinus problems.
Dr.
Lofcy then referred Michael to a specialist is hearing Dr. Battista.
Michael has
been seeing him since 7-2:1-00 and still
sees
him. Date oflast visit was 9-27-02.
Last audiograrn on that date showed decrease ofhearing
in left ear.
Ronald Stuart sees Dr. Kakavas
heart cenl:er in blue Island, Illinois for
high blood
pressure. Started seeing him for Blood pressure problems September 2001.
Nexi:
appt.
is
10-16-02.
He is on meds forHypertension, cholesterol, and heart attack
prevention.
e.
Amounts paid have been covered under our insurance. There is however a 20
co
payment for medical bills,
and
a
50
co payment on therapy chargesfor Barbara
Stuart.
f
Reports:
One for Michael
for
a C.T. ofthe head. Was done in to rule
out
pathol-ogy.Wiil County board ofhealth audiograms by school).
There are 2
audiograms from Ingalls Calumet city Audiology d?partrnent.
And
there are
3
audiograms and
consultation
reports regardingMi-chaeis hearing loss from Dr.
Battista dating up to 9-27-02.
I would like to submit all audiogram tests and
consultation notes fro.m Dr. Battista
as
Exhibit G.
g.Barbara sees Dr. Robert
Marquis
on a monthly basis.
He is treating her for
anxiety
problems which
are related to the cannon noise.
Letter from Dr. Marquis is Exhibit
II
6
Michael Stuart sees
Dr. B-attista in
Hinsdale due to problems and pain in
his ears
because ofthe cannon noise.
Information already given in above questions regarding
Michael’s hearing situation.
Injuries to property
10.
Death
ofSamantha golden
retriever
10
yrs.
Old. Cost approx $1300.
Though
tried in
the Judge Mathis show we are not claiming this
loss.
We would like to submit this
as Exhibit I
in
order to show
the
JP~B
that our animals do
react to
the noise ofthe
cannons which causes
us a lot of stress.
Please discuss this issue with Mr. Flalioran
at our phonic appt. on October 24,
2002.
Sedation and consultation oftwo golden retriever dogs.
(See Exhibit F) Cannot give
an estimate ofvalue ofloss ofseeing two perfectly healthy dogs being sedated for
“gunshot” like sounds coming from a
neighbors cannons.
Note:
What
-is
thevalue of one enjoying to be outdoors and--enjoy gardening,
mi-grating birds, Swimming, and being with your ebiid~ren
a-nd
friends?
MI
of
these normal ha-bits are stripped away from us
during the summer.
It’s
priceless,
flow valuable
is
a child’s bearing ability?
You
tel-I me. I paid over
S224,000 for my ho-me maybe that
is
the total for prope~damage. We have
lost our freedom.
We feel I-ike prl-s-oner~
in
our home durIng the summer.
11
.Yes,
Ronald
Stuart started
having problems with blood pressure problems.
Started
seeing a cardiologist in September of2001.
Is now on high blood pressure medication
for the first time along with other heart attack preventative meds.
Michael was complaining
o—f pain and ringing in his ears, from
cannons, operated until the
mid
Oct. of200l,
All information was
given
to
Dr. Battista at Michaels office visit
on
12-28-01.
Dr. was not surprised. Impulsive noise to hearing near can cause pain.
Ear
Illustration Exhibit
J this
will
show where the
nerve
da
age is.
12.Yes, due to loss ofsleep early hours
in a.m.
from cannons. Lost 2 to 3
hoursof
sleep
each morning they operated.
Cannons began at 5:30 a.m. lasted until 8:45P.i~. Had
headaches when working outdoors, and became stressed by
noise going on all
day long.
Unable to sleep at
night caused by migraines which sometimes lasted for days.
a.
South Suburban Hospital
17800
So. Kedzie
Ave. Hazel crest, Illinois.
Wages were
13.63 hr. and
Sandra Foster was my supervisor.
b. Cannot remember exact dates Iwas off
c.
I probably lost about
7 to
10
days ofwork last summer.
About
3 day ofwork
summer of 2002.
d.
Not employed at
this
time.
-
13. Had to consult with my veterinarian regarding the problems oftwo of
my
dogs being
frightened
due to the cannon sounds.
Sedation was recommended and prescribed to be
7
administered as needed.
This was done late July this year 2002.
Expense was paid for
by us.
Note:
Dr.
Truedeau at the
Park Forest South
Animal Clinic, Park Forest, Iii. 708-
672-6 166.
See letter regarding dogs
and
cannons.
(submitted as Exhibit F) S-he
thinks
cannons should be ban-ned.
14.Yes
a.
Barbara Stuart
b.
Dr. Marquis address stated above.
Was counseling me for problems concerning the
cannons. Anxiety, frustration, concerns about Michael and his hearing, un-happiness
ofhaving had my outdoor and indoor lifestyle changed.
c.
No.
d.
Only Dr. Marquis has seen me regarding the anxiety caused by Fishers cannons.
He
has seen me almost on a monthly basis for over a year.
15.
Yes as clearly stated earlier filed a small claims
ease against Franklin Fisher for
damages occurring to dog Samantha.
Case tried on Judge ~lathis
show 12-12-01 instead
ofthe Will County smal.l claims court division. See explanation in question number 4.
16.
Yes,
by Gregory Zak.
Sound decibels were taken on our property on August 2, 2002
for ambient
noise levels,
Mr. Zak is in the process
of
filing a report.
Report will be
made available and foxwarded to .Mr.Harding.
Gregory Zak ~-aybe reached
at
21 7-483-
3507.
His address is: 36 Birch Chatbam, Illinois
17.
Overly complex, please be more specific.
18. No
19, No
20. No
2:i.Moved into home at 21.3 E.
Corning Rd. June 24,
1999. Persons living here are
my
four Sons:
Bryan
Stuart
age 25, David Stuart age 22, Kevin Stuart age
16, and Michael
Stuart age
13.
The back 4
acres ofour property are used for growing soybean this year.
We have
allowed a farmerto use this property.
The east
si-dc ofmy home towards the middle
ofthe property in-an area of 100 ft.
length by 30 fe-ct
wide
(approximate) is a small
little building 8x8 which is used to house
the chickens.
This area is fenced in for the
poultry I
own.
There is also one small kennel run, which was there when we
purchased the borne,
It is NOT used for dogs.
Dogs are very susceptible to
Coccidiaosis) when around chickens, Will County recorders
number,,~/~O_7~7Date
ofrecording____________________
8
22.Yes, myself Barbara Stuart,
and the Will
County
Land Use department along with
the Will County
Sheriff’s D~artment,and Will
County Land Use Dept.
a.
measurements are variable but are in accordance with the rules and regulation of
taking sound measurements from ones property.
Always done 25 feet from my
property line.
In process of condensing all measurements taken and putting on one
convenient tape to hear.
Still taking measurements because cannons have still
operated on
and off during this month ofOctober,
Once tape is all put together will
arrange to send to Mr. Harding.
This will
be exhibit
K
b. Person taking measurements for 2002:
Barbara Stuart 213 E.
Corning Rd.
Beecher, Illinois.
60401.
c. A Radio
Shack Decibel Sound meter was used for taking measurements ofthe
cannons.
Catalogue number 33-2055A.
This device allows you to measure
sound on
a fast or
slow
response setting. Or on
A or
B weighing. Meter calibrated by
Greg Zak,
July 2002
e.
Gregory Zak,
noise specialist is in
the process ofpreparing the answers to these
questions.
When the report is concluded be will forward it to Mr. Harding.
23 Witnesses:
a.
J.R.
Grossman
357 Corning Rd. Beecher,
Illinois 60401.
Phone 708-946-9044.
Mr.
Grossman is a neighbor east of
me.
He will be testifying on the adverse conditions of
being at his property both inside and outside ofthe buildings. Will testify on living
conditions before and afterFisher using
cannons.
He may also testify to what neighbors
complained to him during the summer of2001, when we did not knowMr. Grossman.
b.Kathy Coilina
did
live at
143 E. Corning Rd. West ofmy residence.
She and her
family moved out August of2002.
She will testify regarding what is was like
living there
before and after
the
cannons began.
She will also testify regarding her five year old
daughter who cried for weeks and would not go outdoors because she thought “a man
was trying to shoot her”.
She will also testify to her reasons for moving. New address is
12755
Ponderson
Palos Heights, Illinois 60463.
c.Wayne Genis,
125 E.
Corning Rd.
Will
testify how the use ofthe
cannons
from Fishersproperty bother him and his son of
13 yrs. Ofage.
He will testify asto bow life was before and afterthe use ofcannons,
Mr.
Genis is located closest to Mr. Fishers farm,
9
d.Ronald Stuart (complainant ofcase) will give testimony of living before
And after the use ofthe cannonsby
Mr. Fisher.
He will give testimony to facts regarding
numerous phone calls ofcomplaints to the Will County Sheriffs office.
He will also
testify to the many conversations he had with Franklin Fisher regarding the cannons. He
will testify aboutthe adverse affects the cannons have had on the emotional well being of
our family, including losing a pet.
And precautions we have to taketo protect our other
pets.
And he will
testifythe information be has gathered from other produce crop
farmers and the type of crow scaring devices they use.
None ofwhich are propane
cannons.
e.Michael Stuart, son ofRonald and Barbara
Stuart.
Will testify regarding
Living conditions he has had to endure with the use ofthe loud cannons for the past two
summers. Michael
will also give medical testimony concerning his bearing and pain in
ears from cannons. He will give testimony as to how he feels hearing the noisy cannons.
f.
Carol Henrichs
5
i
5
Woodward, Beecher, Illinois
Will give testimony regarding her location ofresidence and how she can hear the cannons
when they
are operating.
She lives 2 miles from the Stuarts residence.
g.Barbara Stuart (complainant).
Will testify to the stress the cannons have caused her
living inside her home and outside.
She will testify to the number ofoffice visits to the
hearing specialist Dr. Battista.
She will give accounts ofincidents regarding Michael and
complaints be has had with ringing and pain in his
ears.
She will testify as to how upset
she is about Mr. Fisher calling her a 4ctroubiemaker~in front ofher friend and son.
A
report has clearly indicated this information through the Will County
Sheriff’s office,
She
will
also testify bow the cannons cause her headaches, stress, worry,
and cause her to
become tired due to a lack ofsleep. Barbara will also testify bow concerned she is that a
church and school will be built across the street from Franklin.. Fisher,
Also she is
concerned and will testify and give clinical and documented information on damage of
hearing loss.
She will testify regardingthe alternatives to using a propane cannons.
The
questionability ofcannon use without additional aides.
She will give
doéumented
testimony about crows, and how useless cannons can be when
trying to scare
them from a field. And will
give Noise
studies information from reputable sources,
All
documents used for testimony will include a date, and a bibliography ofany specified
study.
All testimony will be pertinent to the case ofquality of life, and health and safety.
23a.
All witnesses listed above will give fact testimony.
The subject on which they will
testify is given along with their name and address.
See question no.
23
23b.
.1. K.
Grossman will testify the biological and ethical principals behind being a good
neighbor as well as a good farmer.
He has a college degree and has studied agriculture
and biology.
He
is
very concerned about the planet and our environment.
He is quite a
gentleman.
He is also concerned about property values decreasing from noisy areas.
10
23c.
Gregory Zak.
Expert Witness.
Is preparing a report oftestimony and will submit
the report to Mr.
Harding.
I am including a copy ofthe resume ofGreg Zak to clearly
show how well qualified he is to be an expert witness on our behalf.
There are few
people in Illinois
who
are
as qualified as he when
it comes to the knowledge ofNoise.
24.
none
25 none.
Submitted by Complainants
,..--
Ro~tu~
/~,
Si
attire
date
Si
date
Barbara and Ronald Stuart
Copy to: IPCB
213 E. Coming Rd.
Bradley P. Halloran
l3eecher,
IllinQis 60401
708-946-9546
PROOF OF SERVICE BY MAIL
We Barbara Stuart, and Ronald
Stuart certify that
:t served the foregoing interrogatories
responses by mailing a copy to each person to whom directed and
despositing the same in
the U.S.
mail post office
in Beecher, Illinois 6040! at oi,.b
ore
etober
2
with
proper ~
stage pre- p
d.
//
/
/
/
_______
/o~1~
(
//
~
~
B~bara
Stuart
date
~_~R~nald
Stuart
date
11
e
BEFORE THE IWNOIS POLLUTION CONTROL BOARD
BAR~AR~A
.SUA~T
~rd RONALD
)
STUART,
)
Complainants,
)
)
v.
)
No.
PCB 02-164
)
Citizen Ertf~røe~n~nt
FRANKLIN FISHER,
)
)
Respondent.
)
To:
Barbara Stuart
and
Ronald Stuart
213
E.
Coming Rd.
213
E.
Corning Rd.
Beecher,
IL 60401
Beecher, IL 60401
~WWST
FOR ~flMt~ION
tath:compiainant is hereby requested, in
conthrtnity
withthe provisions of 35
fll.Adm.Co’de §101.202,
§101.616 and §101.618, to admit or deny each ofthe following
statements tinder oath on or before October 4, 2002:
1. Complainant, Barbara Stuart, filed a suit in the Circuit Court ofWill County,
Illinois alleging damage due to noise from respondeirt’~
propane cannoiis, then executed a
general release in favor of respondent, Franklin Fisher, prior to her appe ran~e
on the
“Judge Mathis” television program.
2. Complainant, Ronald Stuart,
filed a stiit in
the Circuit Court ofWill County,
Illinois alleging damage due to noise from respondent’s propane cannons, thenexecuted a
general release in favor of respondent, Franklin Fishe~
prior to hi~
~pp~
ee oti
the
“Judge Mathis” television program.
3.
The two pages attached hereto and marked “Exhibit A” are, together, a letter
sent by complainant, Barbara Stuart, to respondent, Franklin Fisher, on August 15, 2001.
4. The two pages attached hereto and marked “Exhibit E” are, together, ~letter
sent by complainants, Barbara
Stuart and
Ronald Stuart, to respondent, Fratikin Pisher,
on November
14, 2001.
5,
The
page
attached hereto
and marked “Exhibit C” is a true and correet copy of
an article
~vritten
by complainant, Barbara
Stuart, and published on Auguat 15~
2002 in
the Beechet Herald.
6. The page attached hereto and marked “Exhibit D” is a tri~e
and ~one~tcopy of
an
article written by complainant, Barbara Stuart, and published on April 4~
2002 in the
Crete Record.
Lopez ~
Harding
Attomeysfor Respondent
Suite 2204,
134 N. LaSaile St.
Chicago, IL 60602-1121
(312)782-3039
PROOF OF SERVICE BY MAIL
I, David 0. Harding, the attorney,
certify
that I served the foregoing~oq~est
for
admissiott by mailing a copy to each person to whom directedand de$sitii~g
the same in
the U.S. mail at
134 North LaSalie Street,
Chicago, Illinois at orbefore 4~0~p.m.
on
September
5,
2002, with proper postagepre-paid.
2
~)(t~
BiT
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
BARBARA STUART and
RONALD
STUART
FRANKLIN FISHER
Respondent,
To David G. Harding
Lopez
and Harding
Attorneys for Respondent
Suite 2204,
134 N. La Salle St.
Chicago, II. 60602-1121.
312-782-3039
Complainants,
v.
)
)
)
No.PCBO2-164
)
)
)
)
)
)
Copy to:
IPCB
Hearing officer:
Bradley Halloran
CERTIFICATE OF SERVICE
We Barbara Stuart and Ronald Stuart, certify
that on October 9, 2002, we served the
attached responses for request ofadmission to the attorney David Harding
representing the respondent Franklin Fisher.
Responses were sent by U.S. mail
at the
Beecher Post Office in Beecher,
Illinois,
J~I2J6~
4?~
/d
-5;
REQUEST FOR ADMISSION RESFONSES
All information provided on recycled paper
The following responses are on Page 2 ofthese documents.
Sent by:
Complainants
Ronald and Barbara Stuart
213 E.
Coming Rd.
Beecher, illinois
60401
708-946-9546
1
Admission Answers:
1. Barbara Stuart:
signed
an arbitration agreement, appearance agreement, and a photo,
video, and audio release in regards to the claim involving “The inadvertent death ofmy
dog Samantha on 8~8-0i”
I
,
Barbara Stuart, feel this question is irrelevant to our IllinoisPollution Control
Board case number PCB-02-164.
For the following reasons:
a.
The claim filed with the circuit court ofWill
County in Illinois involved Franklin
Fishers neglect and irresponsibility while using a bird propane cannon device on
8-8-01 inadvertently caused the death of
our
dog (golden retriever)
Samantha.
b.
All pages signed in regards to a “general release” to the Judge Mathis, involved
this claim.
Please consult with Mr. Halloran ofthe IP~B
regarding relevancy ofthis issue.
Personally we f~el
it is inappropriate to this case. Note: Franklin Fisher also signed
the same documents mentioned.
2. Ronald Stuart,
I concur with my wife with the answers given in number 1.
3.
Yes I Barbara Stuart did sign and send the letter labeled Exhibit A.
This letter was to
inform Mr. Fisher ofus
making an
attempt to breed our dog Maggie, who is gunshy.
We
also wanted to inform Mr. Fisher of other methods ofcrow control which were available
instead ofthe cannons.
4.Yes,
I Barbara Stuart sent the letter, as required: by the small claims division at the Will
County circuit
court.
A reasonable attempt must be made to resolve differences before a
trial can place.
I
was advised by the
Will County
Court to make this attempt of
request.
5.Yes, I Barbara Stuart did write the letter
to
the Beecher Herald.
Exhibit C.
Not once
did I mention Franklin Fishers name in the letter to the editor.
6.Exbib.it D. Publishing ofarticle “No longer Land ofLincoln, but Land ofOZ”.
Yes I
Barbara Stuart did indeed write that “Letter to the editor”.
We feel this Exhibit is irrelevant to this case due to the following reasons.
a.
I am a strong advocate of saving this rural area ofpeace and quiet.
b.
It has no bearing
on the
IPCB case~
c.
I am entitled to the First Amendment “Freedom ofSpeech”
This should be deleted as exhibit D. We are requesting that this be removed as
Exhibit D.
Please consult with
Mr.
Halloran regarding the relevancy ofthis letter.
2
1
PROOF OF SERVICE
BY
MAIL
We, Barbara and
Ronald Stuart
cornplainants,certify that we served the foregoing
request ofresponses ofadmissionto whom directed and depositing the same in the
U.S.
mail at the Beecher Post Office in Beecher, Illinois on October 9, 2002 at or
before 4:30 p.m. With proper postage pre~paid.
Barbara Stuart
R~ua
uart
Pollution Control Board Case
No~PCB 02-164
3
t
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BARBARA
STUART
and RONALD
)
STUART,
)
Complainants,
)
)
v.
)
No,
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER,
)
)
Respondent.
)
To:
Barbara Stuart
and
Ronald Stuart
213
E.
Corning Rd.
213 F.
Corning Rd~
Beecher, IL 60401
Beecher, IL 60401
1~O1J~ST
FOR
ADMISSION
Each
complainant is
hereby requested, in conformity with the provisions of35
I11.Adrn.Code §101.202, §101.616 and
§
101.618, to
admit or deny each ofthe following
statements under oath on or before April
10, 2003 pursuant to Hearing Officer Order
entered March
5,
2003:
1. Complainant, Barbara Stuart, was the only person
to contact Mark
Schneidewiak ofthe Will County Agriculture Department regarding Franklin Fisherprior
to Franklin Fisher’s receipt ofan anonymous letter, a copy ofwhich is attached hereto as
Exhibit A.
2. Complainant, Barbara Stuart, authored and or instigated the authorship ofan
anonymous letter, a copy ofwhich is attached hereto as Exhibit A.
3. Complainant, Barbara Stuart,
sent or instigated, the sending of an anonymous
letter to
Franklin Fisher, a copy ofwhich is attached hereto as Exhibit A.
4. The letter to the editor, a copy ofwhich is attached hereto
as Exhibit B, was
authored by
Complainant, Barbara Stuart,
on or after September
5,
2002.
5.
The letter
to
the editor, a copy
of
which is attached hereto as Exhibit C, was
authored by
Complainant, Barbara Stuart,
on or after September
5,
2002,
6.
The letter to
the editor, a copy ofwhich is attached hereto as Exhibit D, was
authored by
Complainant, Barbara Stuart, on or after September
5,
2002.
7. The letter to the editor, a copy ofwhich is attached hereto as Exhibit F, was
authored by Complainant,
Barbara Stuart, on or after September 5, 2Q02.
8.
On July 21, 2002, Complainant, Barbara Stuart, distributed copies ofa two
page letter, a copy of which is attached hereto as Exhibit F, to each person occupying
property, either as residence or business, abutting the land which is the home of
Franklin
Fisher and to various other persons in the immediate vicinity.
9. On various dates since August
8, 2001
and
continuing through the present,
Complainant, Barbara
Stuart,
has
solicited various persons to take legal
action against
Franklin Fisher for various causes.
10. Prior to appearing
on the “Judge Mathis” television program, Complainants,
Ronald
Stuart
and Barbara Stuart, signed a document in
substance identical to that
attached hereto as Exhibit 0.
David 0. Harding
Lopez &
Harding
Attorneys for Respondent
Suite
1107,
100 N. LaSalle St.
Chicago, IL 60602-3803
(312) 782-3039
PROOF OF SERVICE BY MAIL
I,
David U. Harding, the attorney,
certif~r
that I
served
the foregoing request for
admission by mailing a copy to each person to whom directed and depositing the same in
the U.S. mail
at
100 North LaSalie Street,
Chicago, Illinois at
or before 4:00 p.m. on
March 20,
2003, with proper postage pre-paid,
2
BEFORE
THE
ILINOIS
POLLUTION CONTROL
BOARD
Barbara Stuart
and
Ronald
Stuart,
)
)
£?c(~
~r
F
Franklin Fisher and
Phylliss Fisher,
Complainants
V.
Respondents
)
)
)
No. PCB 02-164
)
CitizenEnforcement
)
)
To:
David G. Harding
Lopez & Harding
Attorney for Respondents
100 N. LaSalle
St.
Suite 1107
Chicago, Illinois 60602-3803
Bradley
P.Halioran
Hearing Officer
Illinois Pollution Control B4
100 James it.
Thompson Ctr.
Suite
11-500
Chicago, Illinois 60601
Dorothy Gunn
Clerk of
IPCB
Suite 11-500
100 James R.
Thompson Ctr.
Chicago 11.6060 1
RESPONSE
FOR REQIJEST FOR ADMISSION
In compliance with provision of35 ll1.Adm.Co.de 101.202,
101.616
and
101.618 the
complainants,
Ronald Stuart and Barbara Stuart are responding with the respondents
request for admission on
or before April 30, 2003.
1.
Complainant,
Barbara Stuart, was the only person to contact Mark Sehneidewiak of
the Will County Agriculture Department regarding Franklin Fisher prior to Franklin
Fisher’s receipt ofan anonymous letter, a copy of
wbich
is attached here to as Exhibit
A.
Objection:
Even though I did contact Mark Schn.eidewiak ofthe Will
County Agriculture
Department, I have no way ofknowing whether this contact was made before or after
Franklin Fishers received his alleged “anonyrous letter”
labeledExhibit
)..
1 also am
not aware ifMark Schneidewiakwas only contacted :by me Barbara Stuart,
Please
note:
Mr. Harding
has
two
&iihit
A’s.
The
first
one labeled e~bibit
A
(
a
letter from
Barbara
Stuart to Franklin Fisher) written on 845-01.
This
exhibit A was presented
in the Request for Admission
dated back in 2002.
1
2.
Complainant, Barbara Stuart,
authored and or instigated the
uthorship ofan
anonymous letter, a copy ofwhich is attached hereto asExhibit A.
Objection: No I did not author or instigate the authorship ofthis alleged letter labeled
exhibit A.
This
is clearly an assumption ofthe respondent. Note:
If I were to
write a
letter of
“thanks” to Franklin Fisher regarding the
propane cannon nuisance it
would
only be in
the
case
where he never used them.
3.
Complainant Barbara Stuart,
sent or instigated the sending ofan anonymous
letter
to
Franklin Fisher,
a copy ofwhich is attached hereto as Exhibit A.
Objection:
this is a redundant request for admission with the exception of “sending” the
alleged anonymous letterto Franklin Fisher.
I
did not instigate the authorship, author, or
send this letter to Franklin Fisher. Again this is clearly an assumption made by the
respondent.
4.
The letter to the editor, a copy ofwhich is attached hereto as Exhibit B, wa~
authored
by
Complainant, Barbara Stuart, on or
After
September 5,
2002.
Yes I did write this “letter to the editor”.
However, this letter is irrelevant to the issue
which
is presented to the IPCB that ofwhich is a possible violation ofTitle VI
(415
ILCS
3/23-
5/24.
Again
Mr.
Harding
has
used Exhibit
B in a duplicative manner
regarding this case.
Previously Exhibit Bwas
a letter
written by complainant
Barbara Stuarl: on Nov.
14, 2001 to Franklin Fisher.
Therefore I am objecting to
this
letter as an exhibit in this case because this
“letter to the editor” is my personal opinion
which I am entitled and has nothing to do with the above case.
5.
The
letterto the
editOr, a copy ofwhich
is
attached hereto as Exhibit C, was authored
by Complainant, Barbara Stuart, on or after September
3,
2002.
Yes, I did write this letter, which again
is irrelevant to the pending case ofnoise nuisance
with the IPCB
.
The prior Exhibit C was used on a “letter to the editor’~
written in
the Beecher
Herald on 8-15-01 written by
myself,
Barbara Stuart.
Once again this
is
a duplicate use of “Exhibit C”.
The
original Letter
C exhibit
was
a letter to the editor
written on
August
15, 2001.
Which never mentioned
Mr.
Franklin
Fishers name
in it.
6.
The letter to the editor, a copy ofwhich is attached hereto
as
Exhibit D, was
authored by Complainant, Barbara Stuart, on or after September 5, 2002,
Yes, I did write this letter, which is irrelevant to the pending case ofnoise nuisance
with the
IPCB.
Also Exhibit
D was once
again
used
twice.
Originially
Exhibit 0
was labeled on another
“letter
to the editor”.
This was dmne
by counsel earlier
during his first attempt at“Request forAdmission”.
Date ofletter
is
unknown.
Please clarify for accurate records for the IPCB.
2
7.
The letterto the editor, a copy ofwhich is attached hereto as Exhibit E, was authored
by Complainant, Barbara Stuart, on or after September 5,
2002
Yes, I did write this letter to the editor, however it is irrelevant to the case at hand with
the IPCB regarding the nuisance ofnoise. With
the possible violation ofTitle VI (415
JLCS 5-23, 5-24.
Therefore I
am objecting
to this request
for
admittance Section
101.618 part U.
The above
letter
to the editor bad no
relevancy
to the issue at band
in this case.
8.
On July 21, 2002.,Compl:ai:nant, Barbara, distributed copies ofa two page letter, a
copy
ofwhich is attached hereto as Exhibit F, to each
person occupying property,
either as
residence orbusiness,
abutting the land which is the home ofFranklin Fisher and to
various other persons in the immediate vicinity.
According to the “First Amendment in the Constitution ofthe U.S.”, I have the rightto
freedom of speech.
Yes, I did write this letter and distributed it to certain individuals
who were directly affected by the noise ofthe cannons.
Persons I knew who were upset
about the noise.
This act was done to inform people oftheir rights and
to
give them
useftil information regarding this annoying situation.
In 2001
Fisher was using the
cannons, most residents did not know where the noise was coming from.
My intentions
were for the benefit of my neighbors.
I consider myselfa”good” neighbor. Yes I did
writethis letter.
9.On various dates since August 8, 2001
and continuing through the present,
Complainant, Bathara
Stuart has solicited various persons to take legal action against
Franklin Fisher for various causes.
Objection:
What does counsel mean by “various causes”?
My only reason for contacting
any public official was solely for an expression ofmy concerns and the repeated mental
abuse, and physical abuse stemming from the use ofthe cannons by Franklin Fisher. It is
within my legal right to contact any governmental agency, and or person/s
who
are
capable ofhelping with this issue ofnoise abuse.
What matters is I state the truth about
the complaint at hand.
This is a very vague question.
10.
Prior to appearing on the “Judge Matbis” television program,
Complainants, Ronald
Stuart and Barbara Stuart, signed a document in
substance identical to that attached
hereto as Exhibit G.
Objection:
This “California document” and it’s
creation of Statutes
in the State of
California and it’s references to other departments has no effect on the IPCB opinions
and own rules.
The IPCB operates on their own board rules which they have careftilly
implemented for the State ofIllinois.
In answerto the question ofsigning such a
3
document we could not give you an answer, simply because I do not have all the “Judge
Mathis” documents in my possession.
Again this
agreement with the
Judge Mathis show
is irrelevant to this case.
The case presented before Judge Mathis was
solely for
reimbursement on a small
claim filed in the Will County Court Small Claims division.
The claim being for the death ofour golden retriever Samantha for injuries she sustained
out offear ofthe use ofthe respondents propane
cannons on 8-8-01 thevery first hours
on the first day the respondent used such cannons,
Again this was a small claims case
which
is now closed.
CERTiFICATE OF SERVICE
We, Ronald Stuart and Barbara Stuart. the complainants certi~r
that we have served the
attached “Respondents
request for admission”, upon the persons listed on page one of
the documents.
These persons being Mr. Harding attorney for Franklin Fisher, Mr.
Hailoran our Hearing officer at the IPCB,
and copies to Dorothy Gunn, Clerk ofthe
Pollution Control Board.
Complainants:
Case no. PCB 02-164
Ronald Stuart
Date
Barbara Stuart
Date
,2;:~,ieZ~t1~
/7~c~
44
Recycled paperwas used in preparatiofi of
all
enclosed documents.
4
