RECE~VE~
CLERK’S OFFICE
BEFORE THE LUN0IS POLLUTION CONTROL BOARD
AUG
-
2 2004
WASTE
MANAGEMENT OF ILL1NO1S, INC.,
PoDuon~~3~d
Plaintiff,
)
V.
)
PCB04~186
COUNTY BOARD OF ~NKAKEE COUNTY,
Defendant.
MOTiON TO QUASH SUBPOENA
NOW COME Robert Keller and Brenda Keller, by and through their Attorneys,
LaBeau, Dietchweiler & Associates, P.C., and move for an Order quashing the
Subpoenas served on each party by WASTE MANAGEMENT OF ILLINOIS, INC.
requiring the parties appearance on August 2, 2004, pursuant to 35 Illinois
Administration Code 101.616(d), and in support thereof states as follows:
1.
That Robert Keller was previously subpoenaed to testify by WASTE
MANAGEMENT OF ILLINOIS, INC. in this case. Upon appearing at the
date, place and time as set forth in the Subpoena, Mr. Keller was
informed by an, attorney present that no depositions were scheduled on
that date and to return on June 23, 2004, which direction Mr. Keller
complied with. Upon appearing on June 23, 2004, Mr. Keller was
informed by Kankakee County staff members that no depositions were
scheduled on June 23, 2004, see copy of Subpoena attached hereto.
2.
Mr. Keller took time off from his job at Pickett Stone Company to appear
on both days. He should not be required to appear a third time.
3.
On or about July 20, 2004, at approximately 8:00 p.m., Donald Moran,
Attorney for WASTE MANAGEMENT, appeared at the Keller residence at
2
765 E. 6000 S. Road, Chebanse,
Ulinois,
uninvited and accompanied by a
woman.
Mr.
Moran advised Mr. and Mrs. Keller that unless they signed
an Affidavit or other document he brought with him that Mr. Moran would
present proof of perjury of the Kellers that he allegedly held in his hand.
Mr. Moran stated that if they signed the Affidavit, or other document, that
WASTE MANAGEMENT would not pursue their alleged perjury. Mr.
Keller, with Mrs. Keller present, refused to sign any document as
demanded by Mr. Moran and Mr. Moran then left the premises.
4.
Mr. and Mrs. Keller testified in the first WASTE MANAGEMENT OF
ILLINOIS siting hearing regarding their non-receipt of pre-filing notice.
The PCB reversed the local siting approval in that case based on WASTE
MANAGEMENT OF ILLINOIS’ failure to serve pre-filing notice on Brenda
Keller (PCB 03-125).
5.
After the PCB reversed the local siting approval in PCB 03-125, WASTE
MANAGEMENT OF ILLINOIS re-filed the siting application and did serve
all required notices on Robert and Brenda Keller. WASTE
MANAGEMENT OF ILLINOIS now appeals from a denial of siting on the
refiled application by the Kankakee County Board. Notice and jurisdiction
are not issues in this appeal.
6.
Therefore, the purpose of subpoening Mr. and Mrs. Keller is clearly to
harass and intimidate them. Questions related to whether they were
served with notice on the earlier application and questions relating to their
relationship, if any, with Michael Watson are clearly irrelevant. Discovery
is limited in this case and before Petitioner can make a discovery request
he must allege specific instances of fundamental unfairness relating to
the request. Petitioner may not engage in a fishing expedition. See e.g.
3
Land and Lakes Co.
v.
Village of RomeoviUe, PCB 92-25 and DiMaggio v.
Solid Waster Agency of Northern Cook County, PCB 89-138.
WHEREFORE, Robert Keller and Brenda Keller move the Pollution Control
Board for an Order quashing their Subpoenas for Deposition scheduled for August 2,
2004.
Respectfully submitted,
By:______________________________
One of the Attorneys for Robert and
Brenda Keller
ROBERT B. LABEAU, ESQ.
LaBeau, Dietchweiler & Associates, P.C.
701 S. Harrison Avenue
Kankakee, IL 60901
(815) 933-6637
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF 1LLINOIS, INC.,
Plaintiff,
)
v.
)
PCBO4-186
COUNTY BOARD OF ~NKAKEE COUNTY,
)
Defendant.
AFFIDAVIT
1,
ROBERT KELLER, being first duly sworn, do hereby state the following to be
true and accurate to the best of my knowledge:
1.
That Brenda Keller, my wife, and myself reside at 765 E. 3000 S. Road,
Chebanse, Illinois, and have continuously resided there for several years.
2.
Our residence lies within 250 feet of the proposed Waste Management
landfill,
3.
That I received a Supboena Duces Tecum to appear on June 22, 2004,
and give testimony. The 22nd was crossed out and 23Fd written in. I,
therefore, appeared on June 22, 2004, at the required time and place and
was told by an attorney present to return June 23, 2004.
4.
That I appeared on June 23, 2004, at the required time and place and
was told by Kankakee County staff that no depositions were scheduled
that day.
5.
That I took time off from myjob at Pickett Stone Company for both
appearances.
6.
That on or about July 20, 2004, at approximately 8:00 p.m., Attorney
Donald Moran appeared at my residence uninvited to speak to Mrs. Keller
and myself, accompanied by a woman.
7.
That Mr. Moran told both of us that he had proof of our perjury with him
(apparently among papers he held) and a document for our signatures.
He advised us that if we signed the documents he had with him that the
perjury matter would be dropped. But, if we refused to sign, his client,
WASTE MANAGEMENT, would pursue the perjury issue.
8.
That Mr. Moran did not offer to nor provide us with the documents
allegedly containing the proof of perjury, nor the document which he
requested we sign.
9.
That we refused to sign any documents by reason of the fact that our
testimony when given was truthful. Mr. Moran then left our residence
ID.
Mrs. Keller and myself acknowledged receipt of Notice in the
subsequently case WASTE MANAGEMENT OF ILLINOIS refiled, for
which we have now been subpoenaed.
Further Affiant sayeth not.
ROBERT KELLER
Under penalties as provided by law pursuant to Section 1-109 of the Code of
Civil Procedure, the undersigned certifies that the statements set forth in this instrument
are true and correct, except as to matters therein stated to be on information and belief
and as to such matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
ROBERT KELLER
3
Subscribed and Sworn to
befo methis~~YdaY
of
~~_—‘
2004
~
NIK~(JM~ENDIJNG
NOtARY PUBLIC - STATE OF LUNO~$ ~
Prepared By:
ROBERT B. LABEAU, ESQ.
LaBeau, Dietchweiler & Associates, P.C.
701 S. Harrison Avenue
Kankakee, IL 60901
(815) 933-6637
Before
the
11li~üj3Pc’llutjon Control Board
WASTEMANAGENENT OF ILLINOIS,
)
INC.,
)
________________
_______________________________________________
)
)
________________________________________
)
)
Complainarl/Petitioner,
~)
PCB
04—i 86
)
)
)
COUNTY BOARD OF KANKAKEE
)
COUNTY,
Respondent.
SUBPOENA DUCES TECUM
TO:,
RobertKe11er~-
- -
765 E6000 S Road
Chebanse, IL 60922
Pursuant to Section5(e) ofthe Enviropmental Protection Act
(415
ILCS
5/5(e)
(2002)) and 35 Iii. Adm. Code 101, Subpart F, you
are
ordered to attend and give
testimony at the hearing/deposition in fhe abo~~fc-caPtioned matter at
_______________
1:00
p m,on ~3une ~
23
20
04
-,
at
Kan~cakee County Administration~Buildiri~,
189
East
Court
Street,
Kankakee, I:Llinois,
You are also ordered to bring with you docunr~ntsrelevant to the matter under
consideration and designated herein,
(1)
~ny
~aX~d
all documents, including but not limited
to letters, articles, memoranda and
telephone
bills, relating to any communications
between August~1, 2003 and May 30, 2004, that you had with~any.member of the
K~ake~C~ntyBbard reg ~TThe p~öposd~E~xpansionof th~~~iàndfil1.
(2)
Any
and all documents, including but not limited to letters, articles, memoranda
and telephone bills, relating to any communications between August 1, 2003 and
May 30, 2004 that you had with any of the follàwing persons regarding the proposed
expansion of the Kax-ik~eeLandfill: Mayor Donald Green, Michael Watson,
Bruce Harrison, .Rona3~~homPSeflarid Keith Runyon.
Failure to comply with this subpoena will subject you to sanctions undar 35 111.
Mm, Code 101.622(g) and 101802.
ENTER:
~
Dorothy M. Gunn, Clerk
Pollution Control Board
Date: February 13, 2003
I served this subpoena duces tecurn by handing a copy to
_________
__________________
on
_________
______,20
Subscribed and
sworn
to before me
this
_____
day of__________
20
-
Notary Public
Before the Illinois Pollution Control Board
WASTEMANAGEMENT OF
ILLINOIS,
)
INC.,
)
)
)
Complainant/Petitioner,
)
PCB
04-186
)
V.
)
COUNTY BOARD OF_KANKAKEE
)
COUNTY,
)
)
___________
)
)
Respondent.
)
SUBPOENA DUCES TECUM
TO:
Robert Keller
765 E6000 S Road
Chebanse, IL 60922
Pursuant to Section.5(e) ofthe Environmental Protection Act (415 ILCS
5/5(e)
(2002)) and 35 111. Adm. Code 101, Subpart F, you are ordered to attend and give
testimony at the hearing/deposition in the above-captioned matter at
_______________
1:00
p
~
2004
~at
Kanka:kee County Administration Building, 189
East Court Street,
Kankakee, Illinois,
You are also ordered to bring with you documents relevant to the matter under
consideration, and designated herein,
(1)
~ny
and all documents, including but not limited
to letters, articles, memoranda and telephone bills, relating to
any communications
between August
1, 2003 and May 30, 2004, that you had w±th.any.member of the
Kankäkë~Co4inty Board regarding
the
proposed ansioriof the l(ank~keeiàndfihl.
(2) Any and all documents, including but not limited to letters, articles, memoranda
and t~l~phonebills, relating to any communications
between
August 1, 2003 arLd
May 30, 2004 that you had with any
of the folidwing persons regarding the proposed
e,~pansionof the Kankakee Landfill; Mayor Donald Green, Michael ~atson,
Bruce Harrison, Ronald Thompsen and Keith Runyon.
Failure to comply with this subpoena will subject you to sanctions under 35 Iii.
Adm.
Code 101.622(g)
and 101802.
ENTER:
/7
DorothyM.
Gunn, Clerk
Pollution Control Board
July
12, 2004
Date: ~
I served this subpoena duces tecum by handing a copy to
_________
_______
______
on ________________,20
Subscribed
and sworn to before me this
_______
day of_________
20
______
Notary Public
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS, INC.,
Plaintiff,
)
v.
)
FCB04-186
COUNTY BOARD OF KANKAKEE
COUNTY,
Defendant.
AFFIDAVIT
I, BRENDA KELLER, being first duly sworn, do hereby state the following to be
true and accurate to the best of my knowledge:
1.
That I am married to
Robert Keller
and we reside at 765 E. 3000 S. Road,
Chebanse, Illinois.
Our residence
lies
within 250 feet of the proposed
Waste Management
landfill.
2.
That
on
or about July 20, 2004, at approximately 8:00 p.m., Attorney
Donald Moran appeared at my
residence uninvited
to speak to Mr. Keller
and
myself, accompanied
by a woman.
3.
That
Mr.
Moran told both of us that he had
proof
of our
perjury
with him
(apparently
among papers he held) and a
document
for our
signatures.
He advised us that if we signed the documents he had with him that the
perjury matter would be
dropped. But,
if we refused to sign, his client,
WASTE MANAGEMENT, would pursue the perjury issue.
4.
That Mr. Moran did not offer to nor provide us with the documents
allegedly
containing
the
proof of perjury, nor the document which he
requested
we sign.
5.
That we refused to sign any documents by reason of the fact that our
testimony when given was truthful. Mr. Moran then left our residence
6.
Mr. Keller
and myself
acknowledged receipt of Notice in the subsequently
case WASTE MANAGEMENT OF ILLINOIS refiled, for which we have
now
been subpoenaed.
BRENDA KELLER
Further Affiant sayeth
not.
Under penalties as provided by law pursuant to Section 1-109 of the Code of
Civil Procedure,
the
undersigned certifies
that the
statements set forth
in this
instrument
are true and correct,
except as
to matters therein stated to be on information and belief
and as to such matters the undersigned certifies as aforesaid that he verily believes the
same to be
true.
Subscribed
and Sworn to
before me this~~day
of
~
, 2004
B~ENDAKELLER
(_) ~-j
SEAL
NP(K?
M
EHDIJN(3
NOTARY PU8UC STATE CF W~O~$
MY CO~~iiss~E~RESm~
Prepared By:
ROBERT B. LABEAU, ESQ.
LaBeau, Dietchweiler & Associates, P_C.
701 S. Harrison Avenue
Kankakee, IL 60901
(815) 933-6637
4:
47_
5
~.44O~5
Before
the
Illinois Pollution
Control Board
WASTEMANAGEtIENT OF ILLINOIS,
)
INC.,
)
__
____________
)
)
__
____
)
)
Complainant/Petitioner,
)
PCB
04— 1 86
—
)
vi
)
)
COrJNTY
BOARD OF KANKAKEE
)
COUNTY,
)
_____________
_________________________
_________
)
)
_________
__
)
)
Respondent.
)
SUBPOENA DUCES TECUM
TO:
Brenda Keller
765 E6000
S
Road
Chebanse, IL
60922
Pursuant to Section
5(e)
of the Environmental Protection Act
(415
ILCS
5/5(e)
(2002)) and
35
Ill. Adm. Code
101,
Subpart F,
you are
ordered to attend and give
testimony at the hearing/deposition in the above-captioned matter at
_______________
_______
p
.m. on~Jt~5~
~1?~ .
2004
___,at
Kankakee
County Administration
Building,
189 East Court Street,
Kankakee, Illinois,
You are also ordered to bring with you documents relevant to the matter under
consideration and designated herein, (1)Any
and all
documents,
including but not limited
to letters, articles, memoranda and telephone bills,
relating to any communications
between August. 1, 2003 and May 30, 2004, that you had witth~any.member
of the
K~nt~K~Cd~.1ntyEdard rega~ding
thei
propose~expansiori~fthe
Kari1~~Tàndflh1.
(2)
Any
and all documents, including but not limited to letters, articles, mem~oranda
and telephone bills, relating to any communications between August 1, 2003. and
May 30, 2004 that you had with any of
the
follàwing persons regarding the proposed
expansion of the Kankakee Landfill: Mayor Donald Green, Michael Watson,
Bruce Harrison, Ronald Thompsen and Keith Runyon.
4741:1
415 43424477
iF,
Failure to comply with
this
subpoena will
subject
you to sanctions under 35 Ill.
Adrn. Code 101.622(g) and 101802.
ENTER:
.1
/1.
.~
~
,7/~
/ ‘~
/1
Dorothy M.
Gurm, Clerk
Pollution Control Board
July 12, 2004
Date:
I served this subpoena duces tecurn by handing a copy to
___________
_________________
on
____
_____,20_________
Subscribed and swotti
to
before me this
_______
day of
_______
20
Notary Public
LLOEAU, D1STCPA7EILER & ASSOCIATES, P.C.
Attorneys and Counsellors at L~u
Gleniloyd Office and Conference CenLer
F~ar~raJcee,
~
150
IL o0901OJefhje
RECEIVED
CLERK’SOFFICE
ie:Leonore
(815)
933-6637
AUG 02 2004
Fax
(815) 933-9940
STATE OF ILLINOIS
Pollution Control Board
TELECOPY COVER SHEET
TO:
NAME:
Bradley P. 1-lalloran
COMPANY:
Illinois Pollution Control Board
______
ADDRESS
_________________
_________________
TELEPHONE:
_________
_______
_______
TELECOPIER.:
(312)
814-3669
__________________
FROM:
NAME:
Robert B. LaBeau
______
DATE: August 2, 2004
NO. OF PAGES:
15
(INCLUDING COVER SHEET)
CASE NAME: Waste Management v. County Board of Kankakee
—
BRIEF DESCRIPTION OF
DOCUMENT TELECOPIES: Motion to Quash Subpoena and Affidavits
COMMENTS:
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