ILLINOIS POLLUTION CONTROL BOARD
    January 22, 1998
    MORTON COLLEGE BOARD OF
    TRUSTEES OF ILLINOIS COMMUNITY
    COLLEGE DISTRICT NO. 527,
    Complainant,
    v.
    TOWN OF CICERO,
    Respondent.
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    PCB 98-59
    (Enforcement - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 7, 1998, the respondent filed a motion requesting that the Board take
    judicial notice of a complaint filed in U.S. District Court by the complainant. On January 14,
    1998, complainant responded to the motion asserting that the text of the motion is “additional
    argument on Cicero’s underlying motion to dismiss” which the Board ruled on January 8,
    1998. Complainant argues that the motion is therefore moot and even if not moot, the motion
    should be denied as the motion attempts to raise new arguments in support of the motion to
    dismiss. Complainant has no objection to the Board taking notice of the complaint being filed
    in federal court.
    The Board grants the motion insofar as the Board takes notice of the complaint filed in
    federal court. Any arguments in the motion as to the propriety of the action before the Board
    are moot as the Board has already ruled on the motion to dismiss.
    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 22nd day of January 1998, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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