BARBARA STUART and RONALD
STUART,
)
Complainants,
)
v.
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER and PHYLLIS
)
FISHER,
)
Respondents.
)
)
)
R~CE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROLBO~
-
~.
2004
STATE OF ILLINOIS
)
Pollution
Control Board
To:
Dorothy M. Gunn
Barbara &
Ronald Stuart
Bradley P. Halloran
Suite 11-500
213 R
Coming Road
Suite 11-500
100 W.
Randolph St.
Beecher, IL 60401
100 W. Randolph St.
Chicago, IL
60601
Chicago, IL 60601
Bobby Petrungaro
14 W. Jefferson, Room 200
Joliet, IL 60432
NOTICE
OF FILING
PLEASE TAKE NOTICE that
I
have, on February 6, 2004, filedwith the Office ofthe
Clerk ofthe Pollution Control Board the Respondent~s
Objections to Petitioners’ Motion
to Incorporate, a copy ofwhich is herewith served upon you.
/1
,~
~
/
/
David G. Harding
Attorney for Respondents
100 N. LaSaIle St., Suite
1107
Chicago, IL 60602-3803
(312) 782-3039
CERTIFICATE OF SERVICE
I, David G. Harding, certif~’
that on February 6, 2004, I served the attached Motion to
Dismiss by delivery to Dorothy M. Gunn ather address as shown above, and by pre-paid
first class mail upon all others to whom directed to their addresses as shown
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR1
FEB
-
C
2004
BARBARA STUART and RONALD
)
STATE OF ILLINOIS
STUART,
)
POII~tIo~
Control
Board
Complainants,
)
)
v.
)
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER and PHYLLIS
)
FISHER,
)
Respondents.
)
OBJECTIONS TO MOTION TO INCORPORATE
Respondents,
Franklin Fisher and Phyllis Fisher, herein object as follows to
Petitioners’ Motion to Incorporate:
1. The transcript portions from
Brill v. Latoria,
et al.,
PCB 00-219, do not appear
to relate in any way to this proceeding.
Neitherthe report ofGreg Zak, Petitioners’
retainednoise expert, nor any other disclosure by Petitioners, makes reference to sound
measurements.
As such, the testimony proposed by Petitioners to be included, dealing
with sound measurement, is not relevant to this case.
Evenwere itrelevant, it is out of
context, since the testimony and measurements which Mr. Zak criticizes in the proposed
materials is not proposed to be
included.
2. The documents from the Knox County Chancery case are not within the
ambit of35 Ill.Adm.Code
§
101.306.
They are not from another Board docket.
Additionally, they relate to a proceeding prior to
enactment ofthe current
Environmental Protection Act.
WHEREFORE, Respondents respectfully object to the proposed materials.
Respectfully submitted,
David G. Harding
Attorney for Respondents
100 N. LaSalle
St., Suite 1107
Chicago, IL 60602-3803
(312) 782-3039