)
PCBO4-19
)
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
AMENDED MOTION TO CANCEL HEARING
Complainant,
DONNA FREDRICKSON,
by
and
through
her attorneys,
MILITELLO, ZANCK
& COEN, and in support of her Motion for Continuance, hereby states as follows.
1.
That hearing on this matter was set by the Illinois Pollution Control Board for November
3, 2005 at 9:00 a.m. in Woodstock, Illinois.
2.
That Complainant’s case is largely dependant upon the testimony of an expert witness
who will analyze, interpret, testify and be available for cross-examination by the Respondent.
3.
That Complainant’s expert witness is unavailable to attend the hearing scheduled for
November 3, 2005.
4.
That Complainant’s case will be unfairly prejudiced without the testimony of the expert
witness.
5.
That attached hereto is are Affidavits in support of this Motion setting forth the
foundation for such request and such other infonnation as required by Section 101.510 of Title 35
(A)(I).
PAUL AND DONNA
FREDRICKSON,
)
husband and wife,
Complainants
)
)
)
)
v.
JEFF GRELYAK,
)
)
Respondent.
)
RECEIVED
CLERK’S
OFFICE
OCT2
~2Oos
STATE OF ILLINOIS
PoIft.gj0~Control
8Oard
6.
That Respondent will not be adversely effected by a change of hearing date.
WIIEREFORE, Complainant respectfully requests that the Illinois Pollution Control Board set a
new hearing date on this matter.
Dated this 18th day of October, 2005.
Jeremy W. Shaw
MILITELLO, ZANCK & COEN, P.C.
40 Brink St.
Crystal Lake, IL 6001 4
Respectfully submitted,
MILITELL
& COEN, P.C.,
(81 5)459-8800
AFFIDAVIT
I, Jeremy W. Shaw, attorney for the Complainant in Case Number PCB 04-19, sworn on
oath, hereby state as follows:
1.
That Complainant has filed suit with the Illinois Pollution Control Board setting
forth allegations of nuisance from a property line noise source and air pollutants emitted from
Respondent’s property.
2.
That said noise samples have been analyzed and reviewed by Greg Zak of Noise
Solutions By Greg Zak.
3.
That Mr. Zak has been listed as an expert witness in this hearing since the first
interrogatories were propounded by Respondent.
4.
That Mr. Zak has been an integral part in the consultation and evaluation of
Complainant’s allegations and is expected to testify to the observations, studies, reviews and
conclusions drawn from all available relevant evidence in this case and is expected to testify at
the Illinois Pollution Control Board Hearing on same.
5.
That the IPCB has not granted nor has Complainant filed any request to Cancel
Hearing in this case, however, there was a tentative date set for hearing, which was later changed
to the hearing date of November 3, 2005.
6.
That the hearing date of November 3, 2005 is in conflict with the previous
obligations of Mr. Zak.
7.
That Complainant will not be able to present her case in chief without the expert
testimony ofMr. Zak.
8.
That the parties have, in all other ways, completed the necessary pre-trial
requirements including the exchange of witness lists and the exchange of all video evidence.
Subscribed and sworn to before me
this 20th day of October, 2005.
Notary Public
Cl
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RECEIVED
CLERK’S OFFICE
OCT 212005
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
sheets
NOTE:
must filemay
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Board
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PAUL AND DONNA
husband and wife
V.
JEFF GRELYAK,
FREDRICKSON,
Complainants
Respondent.
PROOF OF SERVICE
TO:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Bd.
James R. Thompson Center
Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
George W. Tinkham
Aftorney for Respondent
423 W. Vine Street
Springfield, IL 62704
Fax: 217-744-1711
Attached is an Amended Motion to Cancel Hearing.
Respectfully submitted,
Jeremy W. Shaw
MILITELLO, ZAN
40 Brink Street
Crystal Lake, IL 60014
(815) 459-8800
CK & COEN, P.C.
)
)
)
)
)
)
)
)
)
)
PCB 4-19
MILITELLO, ZANCK & COEN, P.C.
Attorneys for
N
PROOF OF SERVICE
STATE OF ILLINOIS
)
)SS
COUNTY OF McHENRY
)
The undersigned states, under oath, that she served the above Notice, to,gether with the
documents referred to therein, Via facsimile transmittal as noted at approximately 4~áSp.m.and by
mailing copies ofthe same to the service list above by depositing the same in the U.S. mail at Crystal
Lake, Illinois, with proper postage fully prepaid, at approximately 5:00 p.m. on the 20~day of
October, 2005.
SUBSCRIBED and SWORN to before
me this
20th
day of October, 2005.
Notary P~ublic
s
ELIZABEThLSEBESTA
5
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