HECE~VED
CLFR~S
oFFICE
STATE OF ILLINOIS
DEC
2
3
2003
Pollution Control Board
STATE
OF ILLINOIS
James R. Thompson Center
Pollution
Control Board
100 West Randolph Street
-
Suite 11-500
Chicago, Illinois
60601
L. ERICKSON,
)
Complainant,
)
v
)
CHARLESTON CLASSIC
)
PCB 04-26
HOMES
and LAWRENCE E.
)
VAN SOMEREN, JR.,
)
Respondent.
)
NOTICE OF FILING
TO:
Lynn Erickson
317 East Hawthorne Boulevard
Wheaton, Illinois
60187
PLEASE TAKE NOTICE that
on December
23,
2003
I filed with the Illinois
Pollution
Board, Answer to Formal Complainton behalfofRespondent, CHAR,LESTON CLASSIC HOMES
and LAWRENCE
E. VAN SOMEREN, JR.,
a copy of which is
ached and hereby served upon
you.
Thomas A. Appel
-
#06182514
APPEL & APPEL,LTD.
18607 Torrence Avenue
-
Suite2A
Lansing, Illinois
60438
708-474-8800
CERTiFICATE OF SERVICE
I, THOMAS A. APPEL, on oath state I served the within No~
by mailing copies of same to
the address noted herein and~
Lansing, Illinois, proper postage prepaid, this
23rd
day
attachment upon L. Erickson
1
a
~
D
STATE
OF ILLINOIS
POLLUTION CONTROL BOARD
JAMES R. THOMPSON CENTER
CE C
2
3
2003
100 WEST RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
STATE
OF
POl/UtfQfl
Con#
BEFORE THE
ro,
ooard
ILLINOIS POLLUTION CONTROL BOARD
L. ERICKSON
)
)
Complainant,
)
)
v.
)
PCB
04-26
)
CHARLESTON CLASSIC HOMES,
)
INC., and LAWRENCE E. VAN
)
SOMEREN, JR.
)
)
Respondent.
)
ANSWER TO
FORMAL COMPLAINT
Now Comes Respondents CHARLESTON CLASSIC HOMES and LAWRENCE E.
VAN SOMEREN, JR. (hereinafter referred to as “Respondent”), by and through their attorneys,
THOMAS A. APPEL and APPEL & APPEL, LTD., and
for their Answer to the formal
Complaint submitted herein state as follows:
1.
Defendants admit the allegations contained in paragraph
1 of the formal Complaint.
2.
As paragraph 2
of
the formal Complaint contains no allegations against these
Defendants, Defendants make no answer thereto.
3.
Defendants admit that Lawrence E. Van Someren, Jr. has been named as a Respondent
to the Complaint; deny that Lawrence E. Van Someren, Jr.
is a proper Respondent; and
affirmatively state that all activities undertaken at the property have been undertaken by
1
Charleston Classic Homes, Inc.
4.
Defendants admit that the construction activities at the property have included the
demolition of an existing home and the construction of a new home; Defendants deny the
remaining allegations contained in paragraph 4 ofthe formal Complaint.
5.
Defendants deny the allegations contained in paragraph
5
ofthe formal Complaint.
6.
Defendants admit that there have been typical construction noise at the property,
which noise is normal and usual for the construction of the new home; Defendants deny the
remaining allegations contained in paragraph 6 of the formal Complaint.
7.
Defendants deny the allegations contained in paragraph 7 ofthe formal Complaint.
8.
Defendants deny the allegations contained in paragraph
8 ofthe formal Complaint.
9.
Defendants admit that Complainant is seeking certain relief from the Board; denies
that
it has violated any Illinois statutes;
denies any improper activities or noise; and denies any
allegation that the Board should take any action against the Defendants in this action as alleged in
paragraph 9 ofthe formal Complaint.
10.
Defendants are without information sufficient to
admit or deny the allegations
contained in paragraph 10 ofthe formal Complaint, and therefore deny same and demand strict
proof thereof.
11.
Defendants admit that Complainant
is representing herself in this action; Defendants
deny the remaining allegations contained in paragraph
11
of the formal Complaint.
2
CHARLESTON CLAS~’HOMES,INC.
LAWRENCE
~yM~4OMERE~(JR.
BY:
~
S TATE OF ILLiNOIS
)
)SS:
COUNTY OFCOOK
)
I. LAWRENCE E. VAN SOMEREN, JR., on oath or affirmation state that I have read the.
foregoing Answer to the formal Complaint and that it is accurate to the best ofmy knowledge.
Lawrence E. Van Someren,
J1J
SUBSCRIBED AND SWORN TO before me
MAR~SANNE$ESWIcK
/
~\
t
NOTARYPUBUC.STATEOFIUNO(S
this
~
day of
~c-~c~rno~t
,
20O~
.
MY
C0MMISS~ON
EXP~Si2.11O6
-~
‘
,
Notary Public
CERTIFICATE OF SERVICE
I
certif~i
that
a
copyofthe within instrume
as
served
on
all parties ofrecord.
//
Thomas A. Appel, Attorne~r
3