ERK 30~FICE
    THE ILLINOIS
    POLLUTION CONTROL BOARD
    42005
    PAUL and DONNA FREDRICKSON,
    )
    STATE OF ILLINOIS
    husband and wife
    )
    POllution Control Board
    Complainants
    )
    v.
    )
    PCB04-19
    Jeff Grelyak,
    )
    Respondent.
    NOTICE OF FILING
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
    Control Board Respondent’s MOTION FOR SUMMARY JUDGMENT.
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that I have today served Respondent’s Motion for Summary Judgment
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    and by depositing said envelopes in a U.S. Postal Service receptacle in Springfield, Illinois.
    Said envelopes being addressed to the following:
    Illinois Pollution Control Board
    Attention: Clerk
    100 W. Randolph Street
    Jeremy W. Shaw, Esq.
    James R. Thompson Center
    40 Brink Street
    Suite 11-500
    Crystal Lake, Illinois 60014
    Chicago, Illinois 60601
    An additional “courtesy” copy of the document was included in the envelope addressed to the
    Clerk of the PCB, which copy is to be given to Hearing Officer Halloran.
    Date: 2 March 2005
    G’eorge W. Tinkham,
    attorney for Respondent
    ARDC reg. #2836149
    1119 S.
    6th Street
    Springfield, IL 62703
    (217) 523-8300
    THE ILLINOIS POLLUTION CONTROL BOARD
    PAUL and DONNA FREDRICKSON,
    husband and wife
    Complainants
    V.
    )
    PCB04-19
    Jeff Grelyak,
    Respondent.
    )
    AFFIDAVIT
    STATE OF ILLINOIS
    )
    SS.
    COUNTY OF SANGAMON )
    I, Jeffrey S. Grelyak, to hereby affirm the following:
    1.
    I am the Respondent in the above-captioned action before the Illinois Pollution Control
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    2.
    I prepared, read, and signed the foregoing Motion for Summary Judgment and know the
    facts asserted therein to be true and accurate.
    3.
    I
    have operated the same off-road riding facility on my property (which facility is the
    subject of this action) since before
    1
    January 2000.
    4.
    Further Affiant sayeth not.
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    Affirmed before me, a notary public, this
    ~J’th day of February, 2005.
    Notarj Public
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    My commission expires:
    • ••~•~•••
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    RECE~VED
    CLERK’S OFFICE
    THE ILLINOIS POLLUTION CONTROL BOARD
    MAR
    42005
    PAUL and DONNA FREDRICKSON,
    )
    husband and wife
    )
    STATE OF ILLINOIS
    Complainants,
    )
    Pollution Control Board
    v.
    )
    PCBO4-19
    Jeff Grelyak,
    Respondent.
    )
    MOTION FOR SUMMARY JUDGMENT
    COMES
    NOW
    Respondent Jeffrey S. Grelyak by counsel and asks the Illinois Pollution
    Control Board to enter a summary judgment dismissing all elements of the complaint in this
    matter alleging that Respondent has created a nuisance by creating or allowing noise and air
    pollution to be emitted from his premises, which pollution interferes with the quiet enjoyment of
    Complaint’s property. In support of this Motion, Respondent states the following:
    1. Complainant admits in response #8 of Complainant’s Response to Second Request to
    Admit (attached hereto as Exhibit B and expressly incorporated by reference) that “the noise
    complaint in this matter is not based on a numerical or empirical standard, but is based on
    nuisance.”
    2. Complainant admits in response #10 of Complainant’s Response to Second Request to
    Admit that “the air pollution complaint in this matter is not based on a numerical or empirical
    standard, but is based on nuisance.”
    3. Complainant admits in response #1 of Exhibit B that Respondent’s premises is used as an
    off-road riding facility.
    4. The second sentence of Section 4.1(b) of the Illinois
    Premises Liability Act
    (740 ILCS
    130/4.1(b)) states, in pertinent part: “An owner or operator of a off-road riding facility is not
    subject to any action for public or private nuisance....”
    5. Although the first sentence of §4.1(b) makes reference to off-road riding facilities in
    existence on or before 1 January 2002, it is not clear whether that date is important for the
    second sentence. Even so, Respondent’s off-road riding facility was in existence on, and prior
    to 1 January 2002. See Respondent’s affidavit attached hereto as Exhibit C, item # 3. Note
    also that paragraph 7 of the Complaint, filed in this matter in August, 2003, admits “motorcycles
    and ATV’s sicj have been operating for several years.” This necessarily means that Respon-
    dent’s off-road riding facility was in existence more than one year prior to August, 2003.
    -2-
    6. Because Illinois law specifically prohibits actions for public or private nuisance for pollution
    generated at an off-road riding facility such as Respondent’s facility and because the entire
    Complaint filed in this matter constitutes an “action for public or private nuisance,” Respondent
    asks that Illinois Pollution Control Board enter a judgment in favor of Respondent and deny any
    and all relief requested by Complainant.
    Respectfully submitted,
    Jeffrey S. Grelyak, Respondent
    Date: 2 March 2005
    By
    George ‘. inkham, his attorney
    ARDC # 2836149
    George
    W.
    Tinkham
    1119
    South
    6th
    Street
    Springfield, IL 62703
    (217) 523-8300

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