ILLlNOIS POLLUTION CONTROL BOARD
DALE L. STANHIBEL,
Complainant,
vs..
1
)
TOM HALAT d/b/a TOM'S
)
PCB 07-17
VEGETMLE MARKET
j
(Citizens Enforcement-Air, Noise)
Respondent.
)
1
)
NOTICE OF FILING
To: Mr. Dale L Stanhibel
Mr. Bradley P Halloran, Hearing Officer
10328 Fleetwood
St~eet
Illinois Pollution Control Board
Huntley, Illinois 60142
James
R Thompson Center, Suite 1 1-500
100 W Randolph Street
Chicago, Illinois 60601
Please take notice, that
1 have on April 23,2007, filed with the Office of the Clerk of the
Pollution Control Board the aflached
Motion for Summaw Judgment (with corres~onding
exhibits),
a copy of which is herewith served upon you
Is/
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 April 23,2007, with
proper postage prepaid.
Is/
Steven
J.
Greeley, Jr.
FRANKS,
GEJXIN
&
McKENNA P..C.
Attorneys for Respondent
19333 E. Grant
Hwy., P.O.. BOX 5
MARENGO, IL 60 152
Telephone
(8 15) 923-2 107
S:iDocrUilcvcn\Clicnt
Blcs\llaluL TomiNof Par
4 23 2007wpd wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
ILLINOIS PQLLUTICON CONTROL BOARD
DALE L. STANHIBEL,
)
)
Complainant,
)
)
vs
.
1
1
TOM HALAT d/b/a TOM'S
)
PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
Respondent.
)
)
MOTION FOR
SUMMARY
JUDGMENT
NOW COMES, the Respondent, Tom Halat D/B/A Tom's Farm Market
and Greenhouses, Inc., by and through it's attorneys, Franks,
Gerkin
&
McKenna, P.C., and for his Motion for Summary Judgment
pursuant to 735 ILCS 5/2-1005 as allowed by 35 Illinois
Administrative Code Section
101.500(a) and 35 Illinois
Administrative Code Section 101.516 states as follows:
1. The Complainant filed the instant action on
September 18, 2006 alleging violation of 415 ILCS
5/24 and 35 Illinois Administrative Code Section
900.102 which states:
No person shall omit beyond the
boundaries of his property any noise
that unreasonably interferes with the
enjoyment of life or with any lawful
business or activity so as to violate
any regulation or standard adopted by
the Board under this Act, 415 ILCS
5/24.
No person shall cause or allow the
emission of sound beyond the boundaries
of his property, as properly defined in
Section 25 of the Illinois Environmental
Protection Act, so as to cause noise
pollution in Illinois, or so as to
violate any provision of this chapter,
35
111.Adm.Code 900.102.
Electronic Filing, Received, Clerk's Office, April 23, 2007
2. Paragraphs six and eight of Complainant's
Complaint alleges that '(NOISE-AIR) AIR-THE
RELEASE OF PROPANE IN THE AIR "NOISE" THE FIRING
OFF OF 4 PROPANE CANNONS
9:30 A.M TO 5:30 P.M. IN
TOM
HALAT'S SOUTH LOT 10217 ALGONQUIN ROAD,
HUNTLEY, ILLINOIS 60142 AND HEADACHE-NERVOUS
=
MY
FIVE YEAR OLD BEAGLE HAS TO BE SEDATED,
I CAN'T
ENJOY MY OWN BACK YARD OR PATIO THE LAST TWO
YEARS-THE NOISE AND LOUD LOUD POPPING SOUND".
3. The Respondent subsequently filed a Motion to
Dismiss or in the Alternative a Motion for
Judgment on the Pleadings which was denied and the
Respondent subsequently filed it's Answer and
Affirmative Defenses and issued and served the
Complainant with Interrogatories, Request to Admit
the Genuineness of Documents (with corresponding
Exhibits), Request to Produce and Request to Admit
on March 13, 2007 by regular mail a copy of which
is attached hereto and incorporated by reference
as Exhibit A issued in accordance with 35 Illinois
Administrative Code Section
101.618(c),(d), which
requires the Complainant to respond to each
request for admission within twenty-eight days of
the service of the Request to Admit.
4. In addition, the required statement "Failure to
respond to the following Request to Admit within
twenty-eight days may have severe consequences.
Failure to respond to the following requests will
result in all facts requested being deemed
admitted as true for this proceeding. If you have
any questions about this procedure you should
contact the Hearing Officer assigned to this
proceeding or an Attorney." was inserted in the
Request to Admit as required by
35 Illinois
Administrative Code Section
101.168(c).
5. The Request to Admit, which was sent on March 13,
2007 is presumed served upon the Complainant on
March 19, 2007 as the fourth day after the date it
was served is Saturday, March 17, 2007, which
required the computation of time to be extended
until the next business day which is Monday March
19, 2007 as stated on 35 Illinois Administrative
Code Section
101.300. Therefore, the Complainant
is required to respond to the Request to Admit
within twenty-eight days from March 19, 2007 which
is April 16, 2007. No response to the Request to
Admit has been received by the Attorney for the
Electronic Filing, Received, Clerk's Office, April 23, 2007
Respondent. See Affidavit of Steven J. Greeley,
Jr., attached herein and incorporated by reference
as Exhibit
B.
6. In addition, during the Hearing Officer telephone
conference on April 5, 2007 at
1:00 p.m., Hearing
Officer
Halloran advised the Complainant that the
Answers would be due on April 16, 2007 and advised
the Complainant that the Complainant could mail
those on April 16, 2007 to comply with 35 Illinois
Administrative Code Section 101.616.
7. The Complainant provided the attorney for the
Respondent Answers to Interrogatories on April 12,
2007 a copy of which is attached hereto and
incorporated by reference as Exhibit C, however,
no other discovery requests were answered or
responded to including the Request to Produce,
Request to Admit the Genuineness of Documents, and
the Request to Admit. In addition, the Answers to
Interrogatories provided by the Complainant do not
sufficiently answer the questions as interposed
and said answers were not completed under oath as
required by 35 Illinois Administrative Code
Section
101.620 (b)
.
8. No just cause has been provided by the Complainant
for his failure to comply with the discovery
requests and rules and all paragraphs of the
request to admit are required to be deemed
admitted pursuant to 35 Illinois Administrative
Code Section
101.618 (f) and (i)
.
9. Said admissions completely negate the allegations
contained in the Complaint regarding facts which
allegedly violated 415 ILCS 5/24 and 35 Illinois
Administrative Code Section 900.102.
10. Under 735 ILCS 5/2-1005 Summary Judgment is
appropriate where the pleadings, depositions, and
admissions on file, together with the affidavits
show that there is no genuine issue as to material
fact and that the moving party is entitled to a
Judgment as a matter of law.
WHEREFORE, the Respondent, Tom Halat d/b/a Tom's Farm Market
and Greenhouses, Inc., hereby request that Summary
Judgment enter
in his favor and against the Complainant and any further or other
relief that the Board deems just and equitable.
Electronic Filing, Received, Clerk's Office, April 23, 2007
Respectfully Submitted,
stevenY~. 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\Walat, Tom\Motion far summary Judgment 4,.20..2007upd.~d
Electronic Filing, Received, Clerk's Office, April 23, 2007
DALE L.. STANHIBEL,
Complainant,
vs.,
TOM HALAT d/b/a TOM'S
)
PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
Respondent,,
NOTICE OF FILING
To: Mr. Dale L. Stanhibel
Mr. Bradley P. Halloran, Hearing Officer
10328 Fleetwood Street
Illinois Pollution Control Board
Huntley, 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 Comvlainant. Reouest to Admit the
Genuineness of Documents (with correspondine Exhibits), Request to Produce. and
Request to Admit,
copies of which are herewith served upon you
Is/
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
&
McKE.NNA P C.
Attorneys for Respondent
19333
E Grant Hwy
,
P
0.
BOX 5
MARENGO, IL 60152
Telephone (815) 923-2107
S:\Docs\Steven\Client filesHalat, TomWof Pos
3
13 2007wpd wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
Complainant,
)
vs.
1
1
TOM HALAT d/b/a TOM'S
)
PCB 07-1 7
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
Respondent.
1
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
Inc.., by and through it's attorneys, Franks,
Gerkin
&
McKema, P.C., and propounds the
following Interrogatories to the Plaintiff, Dale
L. Stanhibel:
1.
Please identifir all dates in which vou believe that vou or anv
-
uerson
A
had
"headaches, nervous" due to the alleged use of the propane cannons identifying the exact time
and location that the
svmutoms
-.
were realized the name, address and uhone number of the uerson
who suffered those symptoms, any medical treatment administered to-said person including any
over the counter or
presc~iption medications, any doctors visits related to the condition, including
the name, address and phone number
ofthe 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, April 23, 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 defined by
Illinois Supreme Court Rule 213 and provide all
information as required by Illinois Supreme
Court Rule 213 with regard to any witnesses..
ANSWER:
6.
Please identify all 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, April 23, 2007
7.
Do you have any reports, notes, documents, or any other items &om 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
natu~e 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
de~icts. 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
~ossession 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
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, April 23, 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
01
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 harked 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:
RespectFuliy
Steven
*
Submitted,
J. Greeley, Jr,
FRANKS, GERKIN
&
McKENNA, P.C
Attorneys for Respondent
19333
E. Grant Iiwy, P.O. BOX 5
Marengo, Illinois 60152
Telephone: (81 5)-923-2107
~ax:-(8
15)-923-2107
S:UJocr\Slcvco\Clic~l IilcrWnI,
Tom!Rog@
3 9 2007wpd wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
nLrNoIs POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
)
Complainant,
)
1
vs.
1
TOM HALAT d/b/a TOM'S
)
PCB 07-1 7
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
)
Respondent.
1
)
1
1
REOUEST TO ADMIT THE GENUINENESS OF DOCUMENTS
Fail~tre to re,spond to tlte,follorving Reqrre.st to Admit tlte Geizrtineizess of Docrrmerzts rvitltin
Twenty-Eigltt days (28) may lzave severe cortsequeizces. Failure to respond to tlte following
requests
will re,sult in all of tire, facts reqrte,sted being deemed admitted as trrte for tltis
proceedirzgs. Ifyou sl~ould have arty questioizr in regard to tltis procedrtre, yorr sltould contact
tlte hearing officer assigited to tltis proceeding 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 for its Request to
Admit the Genuineness of documents hereby requests the admission of the following documents
witbin 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. Greeley, Jr.
FRANKS, GERKIN
&
McKENNA, P.C.
Electronic Filing, Received, Clerk's Office, April 23, 2007
Attorneys for Respondent
19333 E.
&ant
Hwy,
P.O. BOX 5
Marengo, Illinois 60152
Telephone: (8 15)-923-2 107
Fax: (815)-923-2107
S:U)ocs\Stovcn\C!ieat
iilcsWuluc TomUlcqucsl lo Admit docs 3
9
2007wpdwpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
NUISANCE ANIMAL REMOVAL PERMIT
Illinois
D~~.~~~~~~~I Illinois Conservation Police
Natural
Resources
Re-.
1.0
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3
r.
@-f
dame
7-0f-7
f;/4t~*g-Y-
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ii.~.12,"i-~~~
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Phone
PERMlT
59
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6
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Area: Township
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counry /L7
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5-
Acres
Damage:Type -
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7
Ct2rZfd
C@p
Amount
Method of
Species
~emoval@/Rb$fl~T-
Causing Damage
d
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of Disposition
&VIE~$*
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;
above,p$rpr&g
idare hereby granted a"
70
,ePo '@
@LAC&?&
;iitB5causing properly damage. This permit is valid from
day
9
per
.
2/
,,.(L,.
.
it
,GS.
under
to
sectiop
&-and
, :,
5 2 37 of
only
the Illinois
on the
Wildlife
lands described
Code to
above,
remove
subject
nuisance
to
the provisions listed on this permit.,
Signed
Title t> &@&#-
9
TO BE FILLED OUT BG*PROPERTYTWNER: A total of
animals as described aliove were
Signature of Owner
PERMIT PROVISIONS
1 Control methods may be used only on the property described on the permit.
2. Removal shall be by the rnefhod 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.
4 No olher wildlife may be taken or harmed in any manner
5. You are required to submit a record of the animals destroyed and their disposition wifhin ten
(10) days of expiration date of this permit.
DISTRIBOTION:
White. Perminee
Canary - Region Olfice
Pink - Conservation Police. Spjingfield ONice
IL 4220080
(1103)
Goldenrod . Division of Wildlife Resburces. Springfield Onice
(method).
Date
lance and lhersiorc must comply Mlh the ledera1 anlidiicraninalm
law In mmpuarre ~8th the lilinor
Hmn
Rigtia
M.
the tilmab
Cwtlulbn, Tole
VI
ol she l9m CNit Righrs An. Senian
504
ol the
Rehabii~talton
Act 01 1973 as amended and the US. Conrtiluiion The
IiiinoP Depanmnl ol Naluiat
Resoulcer
does no1 discriminate on the
basis 01
iace,
mla,
sol,
natimal origin age, or d'sabilky I1 you believe
YOU
hne been dircliminalcd agahrl in any pogrm,
aniv.
or iacilily
piears cootad !he Equal Emplqment Opponunily Onicet Depanmeni
01 Naturst
Rerourar. 524
Swth Semnd Sileel. Spirnglield liivlolr
677011 787 Zt717US-WS7
Depanmeni ol Natural
Resources
iolmtion is awiiable lo the hearing
lmpaired
by
calling DNR'r Tet~cmunlcattmi Device lor the
Deal:
Pnnlad
by Aulhotilyol lhs Slals of lllinoir
Equal Opponunily Employer
Electronic Filing, Received, Clerk's Office, April 23, 2007
NUfSANCE ANIMAL REMOVAL PERMIT
Illinois
Dlp.rlmml ot
Illinois Conservation Police
Natural Resources
.-. ,,.
.:.
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+-..
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?G.L
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. .-
::.; PERMIT-N?
<:..
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p
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f
Name
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ity .'
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Phone :;
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Area: Township
Section
county &;i~!:~.
&';
-.
,*, -
Acres
Damage: Type
*.,.
,, ,. ;. {L- ;I:
--T.
.: . .
,:.{<
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Amount
Species Causing Damage
,@ ;!' F:
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$5
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Method of Removal'.:li(~;'!i~
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. -
.Method of Disposition
-
The above person(s) islare hereby granted a
.i.
.-i
... ?..
day pepit under section
5/,,37
01 the Illinois Wildlife Code lo remove nuisance
j*.
:
xi
_
i...
>:, <.
'; .:"! :i
,'; ! ;?..ii
5
causing property damage
is valid from ': .?
'7;,2f;~
& to i?, 'if
,;i.
.p
,,
a
. ..
n
d only on the lands described above, subject to
the provisions listed on this permit
PERSON ISSUINGPERMIT:
,,.:
c.
a
'1
signed
...*:.,.'
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ur<:'.-:,.,F.
.*.
.:.,i
; ,..'
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&...:!
Ls
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1'
TO BE FILL~D"OUT BY:PROPERN OWNER: A total of
animals as described above were destroyed
&d dis6osilion was by
(method)
Signature of Owner
- Date
PERMiT PROVlSiONS
1 Control methods may be used only on the properly described on the permit
2. Removal shall be by !he method staled 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
4 No other wildlife may be taken or harmed in any manner
5
You are required lo submit a record of the animals destroyed and their disposition wilhin len
(10) days of expiration date of this permit
DISTRIBUTION:
While
. Perminee
Canary. Region Oflice
Pink - Conservafion Police. $ringlieid Oltice
The
lliinoir Depanmenl
ol
Naiural
Rcrouicar
tcceiver
Federal srria,
lance and thereiwe rniiri mpiy with the lederal sn~id'ircrimina~io~
laws In wmpilance wilh lhc lilmnii Human Righls Act, thc lliinoir
constnuion, Title M or the I~M CMI Righlr AI. senion 504 o~ the
Rehabililalion &I
ol
1973
er
amended and the US cmslnulion
me
litinoir Depanmenl 01 Nalwal Rerolncsr does no1 diiniminalc on lha
basis oi
RCC,
wici
sex,
nslimal origin age. or diiabiay. 11 you beiieve
mu
have been dzrcriminaledagainrt in any program, activi~,
or laciiiiy
pieare cmlaa the Equal Employment opponvniiy OIII~~,. D
~
~
~
~
~
~
~
I
01 Nalulal
Rerourcer.
524 South Semnd Street Sp~inglicl~
lliinols
627011187 217n86W67
De~anmenl
ol Nalwai Resources inlormli~
is
avaiiable to the haaimg
mpsired
by
caliing DNR's Teles~mmunicalionr Device iai the ~cnl
217nB2.9175 me
Ameibech
Relay
Number
ii
803152608A4
IL 422-0080
(11W)
Goidenrod - Division oi Wildlife Resources. Springfield Office
Pnied by Ainhotily of the Stale 01 Illinois
Equal Opponunity Ernplayer
Electronic Filing, Received, Clerk's Office, April 23, 2007
ILLINOSS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANHIBEL,
Complainant,
vs.
TOM
HALAT d/b/a TOM'S
VEGETABLE MARKET
Respondent.,
)
)
PCB 07-17
)
(Citizens Enforcement-Air, Noise)
REQUEST TO PRODUCE
NOW COMES, the Respondent, Tom Halat and Tom's Farm Market and Greenhouse,
Inc., by and through it's attorneys, Franks,
Gerkin
&
McKema, 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:
Any documents related to question number one of the Interrogatories
Any documents related to question number
two of the Interrogatories.
Any documents related to question number three of the Interrogatories.
Any documents related to question number four of the Interrogatories.
Any documents related to question number five of the Interrogatories.
Any documents related to question number six of the Interrogatories
Any documents related to question number seven of the Interrogatories
Any documents related to question number eight of the Interrogatories
Any documents related to question number nine of the Interrogatories
Respecifidly Submitted,
Steven
fw
J. Greeley, Jr.
FRANKS, GEW
&
McKENNA, P
C.
Atlomeys for Respondent
19333
E Gmnt Hwy, P
0
BOX 5
Marengo, Illinois 60152
Telephone: (8 15)-923-2 107
Fax: (815)-923-2107
S:U)ocs\Steveo\Client filesmalat, TornUiTP 3 9 2007wpd.wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
ILLINOIS POLLUTION CONTROL BOARD
March 9,2007
DALE L. STANFIBEL,
complainant,
vs..
TOM HALAT drola TOM'S
VEGETABLE MARKET
Respondent.
)
(Citizens Enforcement-Air, Noise)
)
REOUEST TO ADMIT
Failure to respond to tlze following Request to Admit ~vitlzirz T~verzty-Eight daps (28) may have
severe consequences. Failure to
resporzd to tlze follo~virzg requests ~vill result in all of the facts
requested
being deemed adnziited as true for tlzis proceedings. If.you should have any
questiorzs in regard to tlzis procedure, you slzozrld corztact tlze hearing offier as,sigrzed to tl~is
proceeding or an attonzty.
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 5:30 p.m.
2.
The firing of the propane cannons did not have any bad erects on human
health, plant or animal life, on the environment, on the enjoyment of life or property or on any
lawhl business or activity.
3.
The propane cannon firing 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 be 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, April 23, 2007
5.
Propane cannons were not used in Tom's far South lot at 10214 Algonquin
Road, Huntley, Illinois 60142.,
6.
Tom's Farm Market and Greenhouse, Inc.,, 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,
Inc.
Respectfully Submitted,
~t&en
J.
Grgley, Jr.
FRANKS, GERKIN
&
McKENNA, P..C.
Attorneys for Respondent
19333
E. Grant I-Iwy, P.,O. BOX 5
Marengo, Illinois 601 52
Telephone: (81 5)-923-2107
Fax: (8 15)-923-2 107
S:Wocr\Slcven\Clienl
fdcsUfuluk
TomUlcqucsl lo Admil 3 9 2007wpd wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
ILLINOIS POLLUTION CONTROL
BOAFUI
DALE L. STANHIBEL,
1
i
Complainant,
)
)
vs
.
)
)
TOM HALAT d/b/a TOM' S
)
PCB 07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
1
Respondent.
)
)
AFFIDAVIT
I, Steven J. Greeley, Jr., on oath hereby state the
following:
1. I am an attorney with the law office of Franks,
Gerkin
&
McKenna, P.C., the attorney for the
Respondent.
2. I was a participant in a telephone conference on
April
5, 2007 at 1:00 p.m. with Hearing Officer
Bradley
Halloran and the Complainant, Dale L.
Stanhibel.
3.
Hearing Officer Halloran informed the Complainant
that all of the discovery propounded upon him was
due on April 16, 2007 and the Complainant
acknowledged that fact.
4. Hearing Officer Halloran further informed the
Complainant that all documents can be submitted in
the mail no later then April 16, 2007 as 35
Illinois Administrative Code Section 101.616
identifies that service is complete if placed in
the mailbox by April 16, 2007.
5. The only discovery documents received from the
Complainant are the unsworn answers to the
Interrogatories attached to the Motion for Summary
Judgment as Exhibit
D on April 13, 2007.
Electronic Filing, Received, Clerk's Office, April 23, 2007
FURTHER AFFIANT SAYETH
NOT
Respectfully Submitted,
Steven J. Greeley,
Jr.
stefven 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\Afiidavit 4.20.2007X2wpd wpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
III,LIFICPIS POLLlrTlON CONTROL BOARD
March 9,2007
DALE L STANHIBEL,
Complainant,
vs.
TOM HALAT d/b/a TOM'S
VEGETABLE
MARIGT
Respondent,
1
)
PCB
07.-17
)
(Citizens Enforcement-Air, Noise)
INTERROGATORIES TO COIHPLAINAIVT
NOW COMES, the Respondent, loin I-lalat and Tom's Farm Marltet and Greenl~ouse,
Inc., by aid th~ough it's attorneys, FranIcs, Gerlcin
&
MclCeiu~a, P.C, and propounds the
foilowiilg Interrogatories to the Plaintiff, Dale L Stanhibel:
1.
Please identify all dates in ~uhicli you believe that you or any person had
"headaches, nervous" due to the alleged use of the propane cannons identifying the exact time
and
locktion that the symptoms were realized, the name, address and phone number of the person
who suffered those symptoms, aiy medical treatment administered to said person including any
over the counter or
prescr.iption medications, any doctors visits related to the condition, including
the name, address and phone nurnbel. of the doctor, the date and time ofthe visit, the diagnoses
and prescribed treatment for
the condition.
2.
Please identify all instances in wlucli any ofthe 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
nlunbei of said person, doctor, or veterinarian or any other person or per.sons who witnessed the
sedation including their
nanies, addresses and telephone numbers.
Electronic Filing, Received, Clerk's Office, April 23, 2007
3..
Please identify the date of purchase of your property at 10328 Fle
Huntley, Illinois 60142, including the date in which you began residence, the dat
in which you were not physically present at the above referenced property during August through
October
of2005 and 2006.
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, wl~e!.her there is any
documentation related to those conversations including
the name, address and phone number of
the person
oi persons who are in possession oisaid documentation.
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5.
Please identify any witnesses which you intend to call at hearing in this malter,
including the name, company name, position witlkn 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 defined by
Illinois Supreme Court Rule 213 and provide all information as required by Illinois Supreme
Court Rule 21
3 with regard to any witnesses
6.
Please identify all 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.
-
AP?SMR:
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Electronic Filing, Received, Clerk's Office, April 23, 2007
7
Do you have any reports, notes, documents, or any otlier items fro
veterinarian, scientist, engineer or any other professional related to
you1 allegatio s
in
complaint
possession
in this
of the
matter?
docun~entation,
If so, state
the
the
nature
name,
of
address
the documentation
and person who
and
provided
the contents
Eg
ofthe
documentatioil.,
8.
Do you have any audio, video, photog~aphs or any other physical evidence in any
form
wluch depicts, shows or otherwise details the conditions as alleged in your formal
complaint?
If so, state the name, addless and phone number of my 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
9
Please identify any govement officials with which you had a conve1,sation
]elated to the allegations made in your formal complaint, include the name, entity, position,
address
and telephone number of each individual you spolce with or had conunullication ~lith, the
nature
ofthe colmnu~rication, whetl~er the co~nmunicalioi~
was witten or oral, the content of said
communication, the date or dates and times in which said
comnlunication toke place and any
results or any findings by any gover~lment oflicial.
10.
Please identify all medical treatment received by you or my 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 aiiy pelson had any of
these condition, the date or dates
wluch you or any person received medical treatment for that
type ofsymptom, the name, address and plione number of each treating physician n&ich you or
any
perso11 met with including the test or tests completed by those physicians, the diagnoses
identified by these physicians, whether there
are any notes, records, medical i.ecords or my
documentation related to the test or tests or diagnoses, the nan-ie, 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, April 23, 2007
conversations you or any other person had with the treating physician or any 0th
to the above referenced condition.,
ANSWER:
&I
7
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1
1
,
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
ibr 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 pr.ovided. 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.
3
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//
ANSWER:
Respectfully
Steven
*
Submitted,
J.
Greeley, .Jr.
FRANKS, GERKIN
&
McKENNA, PC.
Atto~neys for Respondent
19333 E. Grant Hwy, P.O. BOX
5
Marengo, Illinois 601 52
Telephone: (8
1
5)-923-2 107
Fax: (815)-923-2107
S:lDoc~\S!cvcn\Cticnl
GIcsUlalat.
TomUZoggs
3
9
2007wpd rvpd
Electronic Filing, Received, Clerk's Office, April 23, 2007
Electronic Filing, Received, Clerk's Office, April 23, 2007
MeH'eizpy County
Sheriff s Police
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Deputy
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Sheriff
..!,x.
Report
No,
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2200 N
Seminary Ave. Woodstock.
IL 60098 815-338-2144
McHenry County
Sheriffs Police
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2200 N
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IL 60098 815-338-2144
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Sheriffs Police
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Report
No.
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3
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2200 N
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IL 60098 815-338-2144
Electronic Filing, Received, Clerk's Office, April 23, 2007
THE
~RICAN KENNEL,
CLI.JB
=
5580 Centerview Drive Raleigh, Norlli Carolina 27606-3390 .
u?mr akc
org
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-
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October
23,2001
=
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Dale Stanhibel & Sandra J Stanhibel
736
CYPRESS LN
CAROL STREAM,
IL 601
88-91 82
Dear Dale Stanhibel
8
Sandra J Stanhibel:
Congratulations on your new Beagle and welcome to the world of purebred dogs. AKC registration opens
doors of opportunity and excitement for every purebred dog lover. Many dog owners enjoy the thrill of
participating in AKC shows, trials, and activities throughout the country, and we invite you to consider
participating in these activities with your new companion.,
All of us need to be responsible dog owners, and AKC offers a wealth of information on companionship
and training on the
AKC web site at www.akc.org. Our site lists dog clubs both nationally and in your area
should you wish additional information and training opportunities.
We are your canine information resource and offer a lifetime of customer service for you and your dog
that is just a phone call away. Give us a call today at
919-233-9767
or e-mail us at info@akc.org
Sincerely,
Alfred L. Cheaure
President and Chief Executive Officer
T.
AMEBBCAN KENNEL CLUB
NAME
NUMBER
BREED
SIR SNIFF OF CYPRESS LANE
HM972205104
1
BEAGLE
COLDR
BLACK WHITE & TAN
SIRE
. -
DOUGHTY'S DIGGER
HM588562104 (06-97) AKC DNA #V66523
DAM
BLACKHAWK'S LITTLE SWEET PEA
HM686571101 (06-99)
BREEDER
DONALD C PRICE & JEANNINE PRICE
it
OWNER
DALE STANHIBEL
8
SANDRA J STANHIBEL
736 CYPRESS LN
SEX
MALE
DATE OF BIRTH
AUG 09 2001
CERTiFlCAlE ISSUED
OCT 23 2001
If a dale appearroller tho name end number of the
'
*,re and am",
#I
lndiales the 3ssLe of lne Stud Book
Regisler in which the sirs or
dam
is published
For
Transfer Instructions, see back of Certificate.
R
Electronic Filing, Received, Clerk's Office, April 23, 2007
Form PS-5
lllir~ots Deoarimen: ot ;igrtculture
Divis~on of Animal Industries
,,r
Springiieid. lllinots 62794-9281
0
,., : (.!
2
hMB85AL
WELFARE
RELEASE STATEMENT
No.
Seller:
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Purchaser~~A.~,Iw
Name
SrA/c.y,,/?t~l_
Busfness p,ddress5CaJ
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phone
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phone
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7.3
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BREED kNiD DESCRIPTION OF:
Age
Approx. Wt.
IMMUNIZATIONS:
3~
4</<
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+-/?/-
p"/,,A:3
DISTEMPERIHEPATITIS
Brsed 4i Pu$$beq
Descriphn
LEPTOSPlaOSlS
Dsie
oi
!nsctiiaiton
4/
1,/6'/
. .
Other
iSr
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it is Recommended That You Constill
7'
wn Veterlnartan For Follow-Up Immun#zations.
Internal Parasiie Medication
9;/4,2f
~CP
e/
Suggested Diet
Date
Animal
must
be examlned by a ueterlnarian of !ha owners ciio!ce
:*!ithlr: $J
hour ci punhas;. or t:;e izrms
of
the yuarantee are not valid.
Terms
of guarantee must be stated - if ncne, so s:a!e.
Purchaser to receive copy ior his records and oreseni
ii ic
hlz ?etnnnsriir! at
ill* iinle
the snims! is presentd ?or e~am~nation.
DupGcaie
Relened
Bv
ticensee
For
12
monl!is.
.J
Signature
of Seller
Electronic Filing, Received, Clerk's Office, April 23, 2007