1
GEORGE MUELLER
609 Etna Road
Ottawa, Illinois 61350
(815) 431-1500 – Telephone
(815) 431-1501 - Facsimile
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY,
Petitioner,
v.
PEORIA COUNTY BOARD,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 06-184
(Pollution Control Facility Siting Appeal)
NOTICE OF FILING
TO:
See attached service list
PLEASE TAKE NOTICE THAT
on the 9
th
day of February, 2007, George
Mueller, one of the attorneys for Petitioner, Peoria Disposal Company, filed his Motion
for Leave to File an Opening Brief in Excess of 50 Pages, via electronic filing as
authorized by the Clerk of the Illinois Pollution Control Board.
Respectfully submitted,
PEORIA DISPOSAL COMPANY
BY:
/ s / George Mueller
One of its attorneys
Electronic Filing, Received, Clerk's Office, February 9, 2007
1
GEORGE MUELLER
609 Etna Road
Ottawa, Illinois 61350
(815) 431-1500 – Telephone
(815) 431-1501 - Facsimile
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY,
Petitioner,
v.
PEORIA COUNTY BOARD,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 06-184
(Pollution Control Facility Siting Appeal)
MOTION FOR LEAVE TO FILE AN OPENING BRIEF IN EXCESS OF 50 PAGES
NOW COMES
Petitioner, Peoria Disposal Company, by George Mueller, one of
its attorneys and moves for leave to file an Opening Brief in excess of 50 pages and, in
support thereof, states that:
1.
35 IAC 101.302(k) limits Briefs filed with the Board to 50 pages, unless the
Board or its Hearing Officer grants leave to exceed this limit.
2.
That the Opening Brief of Peoria Disposal Company is due on February
16, 2007.
3.
The record herein consists of nearly 14,000 pages filed by Peoria County
as well as the testimony of several dozen witnesses on the issue of whether the
proceedings were fundamentally fair. This is a large record.
4.
There are multiple issues before the Board, including whether the
proceedings were fundamentally fair, and whether the decision on three of the siting
criteria was against the manifest weight of the evidence.
Electronic Filing, Received, Clerk's Office, February 9, 2007
2
GEORGE MUELLER
609 Etna Road
Ottawa, Illinois 61350
(815) 431-1500 – Telephone
(815) 431-1501 - Facsimile
5.
Petitioner, Peoria Disposal Company, cannot adequately brief all of the
issues with a 50 page limitation.
6.
Peoria County has no objection to this motion.
7.
Peoria Disposal Company estimates that its Opening Brief will be
approximately 115 pages.
WHEREFORE,
Petitioner, Peoria Disposal Company, prays for leave to exceed
the 50 page limit for its Opening Brief.
Respectfully submitted,
PEORIA DISPOSAL COMPANY
BY:
/ s / George Mueller
One of its attorneys
Electronic Filing, Received, Clerk's Office, February 9, 2007
2
GEORGE MUELLER
609 Etna Road
Ottawa, Illinois 61350
(815) 431-1500 – Telephone
(815) 431-1501 - Facsimile
STATE OF ILLINOIS
)
)
SS
COUNTY OF LASALLE )
AFFIDAVIT OF SERVICE
The undersigned, a non-attorney, being first duly sworn upon oath, states that a
copy of the Motion for Leave to File an Opening Brief in Excess of 50 Pages was served
upon the following persons by the methods indicated below on the 9
th
day of February,
2007, before 5:00 p.m., with all fees thereon fully prepaid and addressed as follows:
Service List
Mr. David A. Brown
Black, Black & Brown
Attorneys at Law
101 South Main Street
P. O. Box 381
Morton, IL 61550
(309) 266-9680 - Telephone
(309) 266-8301 - Facsimile
dbrown@blackblackbrown.com
E-mail and regular first-class U.S. Mail
Ms. Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P. O. Box 19274
Springfield, IL 62794-9274
(217) 524-8509 - Telephone
webbc@ipcb.state.il.us
E-mail and regular first-class U.S. Mail
Mr. Kevin Lyons
State’s Attorney
Office of the Peoria County State’s Atty.
324 Main Street, Room #111
Peoria, IL 61602
regular first-class U.S. Mail
Mr. Brian Meginnes
ELIAS, MEGINNES
RIFFLE & SEGHETTI, P.C.
Attorneys at Law
416 Main Street, Suite #1400
Peoria, IL 61602-1611
BMeginnes@emrslaw.com
E-mail
BY:
/ s / Lynn Cutler
Legal Assistant
Subscribed and sworn to before me, a Notary Public, in the County and State as
aforesaid, this
9
th
day of February, 2007.
BY:
/ s / George Mueller
Notary Public
My commission expires:
August 23, 2009
Electronic Filing, Received, Clerk's Office, February 9, 2007
Back to top