ILLINOIS POLLUTION CONTROL BOARD
DALE L. STANHlBEL,
1
1
Complainant,
1
1
vs.
1
)
TOM HALAT d/b/a TOM'S
)
PCB 07-1 7
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
)
Respondent.
1
1
NOTICE OF FILING
To: Mr. Dale L. Stanhibel
Mr.. Bradley P.
Halloran, Hearing Officer
10328 Fleetwood Street
Illinois Pollution Control Board
1-Iuntley, Illinois 60142
James
R. Thompson Center, Suite 11-500
100
W. Randolph Street
Chicago, Illinois 60601
Please take notice, that
I have on March 13, 2007, filed with the Office of the Clerk of the
Pollution Control Board the attached
Interro~atories to Comolainant. Request to Admit the
Genuineness of Documents (with
corresoondin~ Exhibits), Request to Produce. and
Request to Admit,
copies of which are herewith served upon you
Is1
Steven J. Greeley, Jr.
CERTIFICATE OF SERVICE
I, Steven J. Greeley, an attorney, on oath state that I mailed a copy of the above
documents to the above-named
person(s) at the above-designated address by depositing same in
the
U.S. Mail in Marengo, Illinois, on or before the hour of 5:00 p.m
,
on March 13,2007, with
proper postage prepaid.
Steven
J.
Greeley, Jr.
FRANKS, GERKIN
&
McKENNA P
C
Attorneys for Respondent
19333
E Grant
Irlwy.,
P 0.
BOX
5
MARENGO,
lL
601 52
Telephone (815) 923-2107
S:\Docs\Steven\Client files\Halat, Torn\Nof Pas 3 13 2007wpd.wpd
Electronic Filing, Received, Clerk's Office, March 13, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
Complainant,
)
vs..
TOM HALAT d/b/a TOM'S
)
PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
1
Respondent.
)
1
1
)
INTERROGATORIES TO COMPLAINANT
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
hc., by and through it's attorneys, Franks, Gerkin
&
McKema, P.,C., and propounds the
following Interrogatories to the Plaintiff, Dale L.
Stanhibel:
1.
Please identify all dates in which you believe that you or any person had
"headaches, nervous" due to the alleged use of the propane cannons identifying the exact time
and location that the symptoms were realized, the name, address and phone number of the person
who suffered those symptoms, any medical treatment administered to said person including any
over the counter or prescription medications, any doctors visits related to the condition, including
the name, address and phone
number of the doctor, the date and time of the visit, the diagnoses
and prescribed treatment for the condition.
ANSWER:
2.
Please identify all instances in which any of the animals which you own were
sedated, including the location, date and time that sedation was administered, the type of sedation
used, the person, doctor or veterinarian, said sedation, include the name, address and phone
number of said person, doctor, or veterinarian or any other person or persons who witnessed the
sedation including their names, addresses and telephone numbers.
ANSWER:
Electronic Filing, Received, Clerk's Office, March 13, 2007
3..
Please identify the date of purchase of your property at 10328 Fleetwood Street,
Huntley, Illinois 60142, including the date in which you began residence, the date and any dates
in which you were not physically present at the
above referenced property during August through
October of 2005 and 2006.
ANSWER:
4.
Please identify any individuals that you have discussed the issues surrounding
your complaint with including the name, address and phone
numbers of those individuals, the
date or dates in which you spoke to those individuals, the content of the conversations with those
individuals, whether the communications were written or oral, whether there is any
documentation related to those conversations including the name, address and phone number of
the person or persons who are in possession of said documentation.
ANSWER:
5.
Please identify any witnesses which you intend to call at hearing in this matter,
including the name, company name, position within the company, address and phone number of
any of the individuals, the testimony which you believe they will provide. Whether the witness
will be a lay witness, an independent expert witness or a controlled expert witness as deiined by
Illinois Supreme Court Rule 213 and provide all information as required by Illinois Supreme
Court Rule 21 3 with regard to any witnesses.
ANSWER:
6.
Please identify
a11 evidence which you intend to introduce at hearing including the
nature of the evidence, the person or persons who are in possession of said evidence, including
the name, address and telephone number of said persons.
ANSWER:
Electronic Filing, Received, Clerk's Office, March 13, 2007
7.
Do you have any reports, notes, documents, or any other items from any doctor,
veterinarian, scientist, engineer or any other professional related to your allegations in the formal
complaint in
this matter? If so, state the name, address and person who provided or who may be
in possession of the documentation, the nature of the documentation and the contents of the
documentation.
ANSWER:
8.
Do you have any audio, video, photographs or any other physical evidence in any
form which depicts, shows or otherwise details the conditions as alleged in your formal
complaint? If so, state the name, address and phone number of any person or persons in
possession of said evidence, the nature of the evidence, specifically what the evidence depicts,
the date or dates in which the evidence was created, any date or dates that the evidence was
modified or changed in any way, shape or form including any electronically stored evidence.
ANSWER:
9.
Please identify any government officials with which you had a conversation
related to the allegations made in your formal complaint, include the name, entity, position,
address and telephone number of each individual you spoke with or had communication with, the
nature of the communication, whether the communication was written or oral, the content of said
communication, the date or dates and times in which said communication toke place and any
results or any findings by any government official.
ANSWER:
10.
Please identify all medical treatment received by you or any other person in any
period of time which may relate to the conditions which you have identified in your formal
Complaint "headache-nervous"
including the date or dates in which you or any person had any of
these condition, the date or dates which you or any person received medical treatment for that
type of symptom, the name, address and phone number of each treating physician which you or
any person met with including the test
or tests completed by those physicians, the diagnoses
identified by these physicians, whether there are any notes, records, medical records or any
documentation related to the test or tests or diagnoses, the name, address and location of any
person in possession of said above mentioned documents. Please also identify the content of any
Electronic Filing, Received, Clerk's Office, March 13, 2007
conversations you or any other person had with the treating physician or any other person related
to the above referenced condition.
ANSWER:
11
Please identify all information related to the Beagle that is referenced in your
formal Complaint including the owner or owners and the name, address and phone number of
any of the owners of said Beagle, any paperwork including American
Kennel Club or any other
certificates of breeding, any purchase receipts of other documentation related to the purchase of
said Beagle, any veterinary visits for the Beagle including the name, address and phone number
of any veterinarian or other person with whom you sought treatment for the Beagle, the date or
dates of that treatment, any tests performed on said Beagle, the diagnoses and results of any tests,
any medications provided to said Beagle, the diet in which said Beagle is provided. Also, please
identify why you feel the Beagle had to be sedated and if said sedation was
based on any noise
made by the Beagle; state all times in which the Beagle has barked or made any other kind of
noise at any time including times when propane cannons were not being fired, including the
cause of said noise.
ANSWER:
Respectfully Submitted,
Steven J. Greeley, Jr.
FRANKS, GERKIN
&
McKENNA, P.C
Attorneys for Respondent
19333
E. Grant I-Iwy, P.O. BOX 5
Marengo, Illinois 601 52
Telephone:
(8 15)-923-2107
Fax: (8 15)-923-2107
S:\Docs6lcven\Clicnl
filcsUidal.
1
ornRoggs 3 9 2007wpd wpd
Electronic Filing, Received, Clerk's Office, March 13, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
1
1
Complainant,
1
1
vs.
)
)
TOM HALAT d/b/a TOM'S
)
PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
1
Respondent.
)
1
)
)
REOUEST TO ADMIT THE GENUIMENESS OF DOCUMENTS
Failure to respotrd to the followirrg Request to Admit tlte Genrritterre,~,~
of Docliterrfs ~vitlritz
Twetrty-Eiglrt days (28) may have severe conseqtiences. Failure to re,sporrd to tlre following
requests will result im all of tlre facts requested being deemed adtnitted as true for tlris
proceedirrgs. If you slrould lrave auy questiotrs itz regard to tlrk procedrire, you slrould cotttact
the lrearirrg officer assigtred to tlris proceeding or art attortrey.
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
Inc., by and through it's attorneys, Franks, Gerkin
&
McKenna, P..C.,, and for its Request to
Admit the Genuineness of documents hereby requests the admission
ofthe following documents
within Twenty-Eight days
(28):
1.
Nuisance Animal Removal Permit
5-25, attached hereto and incorporated herein
by reference as Exhibit
A..
2.
Nuisance Animal Removal Permit 06-29, attached hereto and incorporated herein
by reference
as Exhibit B.
Respectfully Submitted,
Steven
a-6
J.. Gseeley, Jr.
FRANKS,
GERKIN
&
McKENNA, P.C.,
Electronic Filing, Received, Clerk's Office, March 13, 2007
Attorneys for Respondent
19333 E. G~ant Hwy, P.0. BOX 5
Marengo, Illinois 60152
Telephone: (81 5)-923-2 107
Fax: (8 15)-923-2 107
S:\Docr6tcvcn\ClicnI
filcsUIdvL IomUlcqucrt
to
Admit
docs 3 9 ZUOlwpd wpd
Electronic Filing, Received, Clerk's Office, March 13, 2007
IT1
NUISANCE ANIMAL REMOVAL PERMIT
Illinois
Illinois Conservation Police
,"
,
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PERMIT NO .,*.
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street
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Name
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phone
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Section
County
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Area: Township
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Acres
Damage:Type
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cmp
Amount
Species Causing Damage
iCG-2 /V /$<
0
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of ~i~~~~iti~~
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,Tpoabove
Lg!tvc=
persog(9 idare hereby granted a'
33
day per~it under sectiop
5
2 37 of the Illinois Wildlife Code to remove nuisance
EfP?t
r
A
~iAB~causing
property damage This permit is valid lrom
vJ,<r.%
. .
'~/~~9Yand
only on the lands described above, subject lo
the provisions listed on this permit,
PERSON
ISSUlN
MIT:
/
Title
t>
tWe-~S-
4
ate
5ZJJ9/:)2~
'i-
TO
BE FILLED OUT
Bf'
/PROPERPTOWNER:
A
total of
animals as described above were destroyed an; diGosition was by
(method).
Signature of Owner
Date
PERMIT PROVISIONS
ma
lllinok Oeprnmcol ol Nalural
Rcrauices receber
Federal uraii.
1 Conlrol methods may be used only on the property described on lhe permit
lance and theialiue murk comply
wnh
the ledsral anli.disulminslion
laws In -prime
wllh the ahoii Human Rigtits ~ct.
me
lliinair
2
Removal shall be by the method stated on the permit No poison of any kind will be used.
Comt~lulm XI&
in
ol lhs ls~
~"il
Righi6 kt. Section 504 ol !he
RehBbilltaliOn Act 01 1973
as
amended, and $ha US Cooililulion
me
3. No parts or pelts of the animals may be used, sold or utilized in any manner
llli"0i6 Depunmsnl 01 Nsluial Resouices doer no( d~rctiminsle
on
the
4
No other wildlife may be taken or harmed in any manner.
basis
01
race, mlw,
rex,
nalimal origin, age,
or
dissbillr$ I1 you belleve
yw
have been dtrcriminaled sgsinsl In my program,
aclnnw
or laciliiy
5
You are required lo submit
a
record of he animals destroyed and their disposition within ten
pleare cwlacl tho Equal Ermtoymeni Opponuniiy Ollicer, Department
ol
Naiial
Rercucer,
524 Sculh
Sed
51seel Spri-@rld lilinoe
(10) days of expiration date of this permit.
I
~70>.>787 217na5ws1
ol Nslural Rerouicen inlolmalion is available lo the heuring
DISTRIBUTION:
White - Perminee
csiiina DNR's Telecommunlcel~mi
Devlcs
lo, me Oeal'
Canary
- Region Oiiice
Pink
. . . . . .
. Cnn~mrvnlinn
- - . . - - . . - . . - . . .
Pnlir.
-. . --,
Fnrinolipld
- . . .* . . -. -
OIFico
- . . . - -
IL
4224080
(1100)
Goldenrod - Division
of
Wildlie ~esdurces, Springfield Oflice
Ptinlsd by Authorily ol the Slam 01 Illinois
Equal
Opponunily Employer
Electronic Filing, Received, Clerk's Office, March 13, 2007
NUISANCE ANIMAL REMOVAL PERMIT
Illinois
Orp.r,mm,
o,
Illinois Conservation Police
Natural Resources
,,.. ..
. .-
Name
J!..,'.
I. I
";
,:,
,("! ,< ,:
Street
Area:
Damage:Type
Township
'- . ,:,:. <. :,
-7
: , .
Section
,,.:
.. ,.: ; :
.
!':
..
',.
j.
-
County
Acres
.. -
Amount
Species Causing Damage
:< ; ,. :~: , :.- /,';'.;..-
tyk'
.,, ! ;;, t. :; !;,!&? ?; ';:,
Method of Removal ';
k
!\ ;>.;.
!;I,{?
,; !,<:< $ ,.
I..::
,
, t ..!':,.!:
v:, ..
(.G;"'
.
;., -
~;,
.
%,: .,
,..-.
'- "'>Method of Disposition
. .. -
idare hereby granted a
,:_
I-,
,., ,..
day permit under sectio?
5(2.37
of the Illinois Wildlife Code to remove nuisance
,
. .
causing property damage This permit is valid from ":. : :i.',.:
: to;;:
.'1.'.:.:
f
a
. .
n
d oniy on the lands described above, subject lo
n this permit
PERSON
iSSUlNG
... :,..
PERMIT:
:.
I
.
- ,~
,'
Title
;: {.! (.,:
i:!?:.
q
,,<: ,. ...~, .,'
Signed
. .
.i.
:
... ..',>';.(.,.,: : ....: ;.... ,,';'f
Date ,. ,"'
I.'
;"
;,' ;>
TO BE FILLED'OUT BY PROPERN OWNER: A total of
animals as described above were destroyed
aind disbosilion was by
(method)
Signature of Owner
Date
PERMIT
PROViSlONS
1 Control methods may be used only on the property described on the permit
lance
and lheielwe miiil cmpty with the tedclal anti dscrimination
2
Removal shall be by the method stated on the permit No poison of any kind will be used
3 No parts or pelts of the animals may be used, sold or utilized in any manner
Rehabilnslion Art ol 1973
sr
amended, and lhe US Conrl~lulion The
Iliinoii Depanmenl ol Natuiul
Resoulcer
doer
no1 d,miminale
on
!he
4 No other wildiife may be taken or harmed in any manner
basis 01
race.
-lo,
sex.
nationalorigin age or dlrabil8ty It you believe
5
You are required to submit a record of the animals destroyed and their disposition within ten
(10) days of expiration date of this perrnit
01 Naluial Rerourcer. 524 Soulh Second Sllsel Springlieid llitnoii
527011787 21717851W67
Oepanmeni ol Naluial
Rcrouices
inlormation is available lo the hearing
DISTRIBUTION:
White .Perminee
~mpatred by calling ONR'r Teiecommunical?~~
Device lor lhe Deal
Canary. Region Onice
Pink . Conservalion Police. s;jringIield Office
IL 422-0080 (1100)
Goldenrod - Division of Wildlife Resources. Springlieid Office
Pnled
by Authority of the Slate ot lllinoir
Equnl Opponunity Employsr
Electronic Filing, Received, Clerk's Office, March 13, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
)
)
Complainant,
1
)
vs.
1
)
TOM WAT d/b/a TOM'S
)
PCB 07-1 7
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
1
Respondent.
)
)
)
)
REOUEST TO PRODUCE
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
Inc., by and through it's attorneys, Franks,
Gerkin
&
McKenna, P.C., and respectfully requests
that the Complainant, Dale L. Stanhible, produce within in twenty-eight (28) days at the offices
of FRANKS,
GERKIN
&
McKENNA, P C., for inspection and copying the following:
1.
Any documents related to question number one of the
Inte~rogatories.
2.
Any documents related to question number two ofthe Interrogatories.
3.
Any documents related to question number three of the Interrogatories.
4.
Any documents related to question number four of the Interrogatories.
5.
Any documents related to question number five of the Interrogatories.,
6.
Any documents related to question number six ofthe Interrogatories.
7.
Any documents related to question number seven of the Interrogatories.,
8.
Any documents related to question number eight of the Interrogatories.
9.
Any documents related to question number nine of the Interrogatories.
Respecthlly Submitted,
-
Steven J. Greeley, Jr.
FRANKS, GERKIN
&
McKENNA, P.C.
Attorneys for Respondent
19333
E. Grant Hwy, P.O. BOX 5
Marengo, Illinois 60152
Telephone:
(815)-923-2107
Fax: (815)-923-2107
S:\Docs\Steven\Client files\Halat, Tom\RTP 3 9 2007wpdwpd
Electronic Filing, Received, Clerk's Office, March 13, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANFIBEL,
1
Complainant,
vs.
TOM
HALAT d/b/a TOM'S
)PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Aii, Noise)
)
Respondent.
REOUEST TO ADMIT
Failure to re.sportd to t11e follotvirzg Request to Adrrzit ivitl~irt Tiverzly-Eight days (28) rnay have
severe
corlseqiierzces. Failure to re.spond to tl~e
folloivirtg requests will result it1 all of the facts
requested
beirzg deenzed admitied as true,for tl~is
proceedings. If yoii slrould lrave arty
qiiestioris in regard to tl~is
procerlrire, yori sko~tld corztact tlze hearirtg officer as,sigized to tltis
proceedirzg or an attorney.
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
Inc
,
by and through it's attorneys, Franks, Gerkin
&
McKenna, P.C., and hereby requests the
admission or denial of the following statements within Twenty-Eight days (28):
1.
The firing of the propane cannons from August to October of 2005 and
2006 was only conducted on the property owned
by Tom's Farm Market and Greenhouse, Inc.,
from
9:30 a.m. to 530 p.m.
2.
The firing of the propane cannons did not have any bad effects on human
health, plant or animal life, on the environment, on the enjoyment of life or property or on any
lawful business or activity.
3.
The propane cannon f~ng
as alleged in your formal Complaint did not
cause you or any person to have
a headache or to cause you or any person to he nervous.
4.
No animal owned by you or any person was ever sedated in any way,
shape or form, based on the conduct of the Respondents.
Electronic Filing, Received, Clerk's Office, March 13, 2007
5
Propane cannons were not used in Tom's far South lot at 10214
Algonquin
Road, I-Iuntley, Illinois 60142
6.
Tom's Farm Market and Greenhouse, kc., has utilized propane cannons
since previous to your purchase of
your property adjacent to the property in question.
7.
Roughly two hundred other residents border the property in question
owned by the Respondents.
8.
No other individuals have made complaints related to the propane cannons
used
by Tom's Farm Market and Greenhouse, hc.
Respectfully Submitted,
n
~te/ven J. Gre$ey, Jr.
FRANKS, GERKIN
&
McKENNA, P.C.
Attorneys for Respondent
19333
E. Grant Hwy, P.O. BOX 5
Marengo, Illinois 60152
Telephone: (8 15)-923-2 107
I;=:
(815)-923-2107
S:\Uocs6tcvcn\Clicn( iilcsUiUlnlal. lomU<equcsl lo Admit 3 9
2007wprl wpd
Electronic Filing, Received, Clerk's Office, March 13, 2007