CLERK’S
OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
DEC 102003
BYRON SANDBERG,
)
Polluti0,~
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
)
vs.
)
)
CITY OF KANKAKEE, ILLINOIS, THE CITY)
Case No. PCB 04-33
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTILITIES, INC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS,
)
iNC.,
)
)
Petitioner,
)
)
vs.
)
)
Case No. PCB 04-34
THE CITY OF KANKAKEE, ILLINOIS CITY)
COUNCIL, TOWN AND COUNTRY
)
UTILITIES, INC., and KANIKAKEE
)
REGIONAL LANDFILL, L.L.C.,
)
)
Respondents.
)
COUNTY OF KANKAKEE, ILLINOIS and
)
EDWARD D. SMITH, KANKAKEE COUNTY)
STATE’S ATTORNEY,
)
)
Petitioners,
)
)
vs.
)
)
Case No. PCB 04-3
5
CITY OF KANKAKEE, ILLINOIS, THE CITY)
OF KANXAKEE, ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTILITIES, iNC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
70386435v1 827167
RECEIVE~
MOTION TO DISQUALIFY
CLAIRE
MANNING
CLERK’S
DEC 102003
OFFICE
NOW COME, Respondents, COUNTY OF KANKAKEE, ILLINOISSTATEand EDWARDOF ILLINOIS
D.
SMITH, KANKAKEE COUNTY STATE’S ATTORNEY, and for their
~~&~th~fqrd
Claire Manning, state as follows:
1.
Attorney Manning, former Chairman of the Illinois Pollution Control Board from
1993 to 2002, is attempting to appear as counsel for Town and Country Utilities in this
proceeding.
2.
The Respondents’ reply upon and incorporated as though fuiiy cited verbatim
herein the Respondents’ Response and Objections to Attorney Manning’s Request Concerning
Appearance, attached hereto as Exhibit A.
3.
Pursuant to this Board’s Procedural Rule 101.112
(35
Ill.Adm. Code 101.112) and
this Board’s recent decision in
People v. Skokie Valley Asphalt, Co., Inc.,
PCB 96-98 (Oct. 16,
2003), this Board must find that Attorney Claire Manning is disqualified from appearing in this
proceeding because Attorney Manning served as Chairman of the Illinois Pollution Control
Board while cases PCB 03-31, 03-33 and 03-35 were pending before the Board, and she issued
substantive rulings in those cases. See
County ofKankakee v. City of Kankakee,
PCB 03-3 1, 03-
33, 03-35 (Oct. 3, 2002);
County of Kankakee v. City of Kankakee,
PCB 03-31, 03-33, 03-35
(Nov. 7, 2002).
4.
It would be especially improper for Ms. Manning to represent the Applicant in
this case because one of the primary issues is whether the current application is substantially the
same as the application at issue in PCB 03-31, 33, and 35. Not only was Ms. Manning
substantially involved in the prior proceeding, the content of the application reviewed in that
proceeding is highly relevant to the instant case. Therefore, it would be clearly improper for Ms.
Manning to represent the Applicant in this case.
2
70386435v1 827167
WHEREFORE,
,
Respondents, COUNTY OF KANKAKEE, ILLINOIS and EDWARD
D, SMITH, KANKAKEE COUNTY STATE’S ATTORNEY, respectfully requests that Court
find that Attorney Claire Manning is disqualified from representing Town and Country Utilities,
hc. in this proceeding before the Illinois Pollution Control Board.
Dated:
I
?
— Q3
Respectfully Submitted,
On behalf ofthe COUNTY OF KANKAKEE,
ILLINOIS, and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTORNEY,
By: Hinshaw & Culbertson
Richard
.
Porter
One of Attorneys
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
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70386435v1 827167