ILLINOIS POLLUTION CONTROL BOARD
September 20, 2007
VERNON and ELAINE ZOHFELD,
Complainants,
v.
BOB DRAKE, WABASH VALLEY
SERVICE COMPANY, NOAH D. HORTON,
and STEVE KINDER,
Respondents.
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PCB 05-193
(Citizens Enforcement - Air)
ORDER OF THE BOARD (by A.S. Moore):
On September 14, 2007, complainants Vernon and Elaine Zohfeld filed a “Motion for
Voluntary Dismissal as to Bob Drake” (Mot.). The motion states that “Complainants have now
entered into a monetary settlement with Respondent Bob Drake . . . .” Mot. at 2. The motion
further states that, “in order to fulfill their requirements under the settlement agreement,
Complainants at this time request that this Board dismiss this matter as it pertains to Respondent
Bob Drake.”
Id
. In addition, the motion reported that “[c]ounsel for the other Respondents have
informed counsel for Complainants and counsel for Respondent Bob Drake that they have no
objection to a dismissal as requested by Complainants herein.”
Id
.
Also on September 14, 2007, respondents Wabash Valley Service Company, Noah D.
Horton, and Steve Kinder filed their “Response to Motion for Voluntary Dismissal as to Bob
Drake” (Resp.). In that response, those three respondents state “that they have no objection” to
complainants’ motion. Resp. at 1.
The Board grants complainants’ motion for voluntary dismissal as to respondent Bob
Drake. Consequently, this order is the last time respondent Drake’s name will appear in the
caption of this proceeding.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on September 20, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board