1. Notice of Filing PCB
    2. Service List
    3. Objection to Petition to Intervene
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
PCB 07- 146
)
UNITED CITY OF YORKVILLE,
)
CITY COUNCIL
)
)
Respondent.
)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on this 20
th
day of November, 2007, George
Mueller, one of the attorneys for Petitioner, Fox Moraine, LLC, filed via electronic
filing of the attached
Objection to Petition to Intervene
with the Clerk of the
Illinois Pollution Control Board, a copy of which is herewith served upon you.
Respectfully submitted,
FOX MORAINE, LLC
By:__/s/George Mueller____________
One of its Attorneys
George Mueller
MUELLER ANDERSON, P.C.
609 Etna Road
Ottawa, Illinois 61350
Phone: (815) 431-1500
Fax: (815) 431-1501
george@muelleranderson.com
Electronic Filing - Received, Clerk's Office, November 20, 2007
 
Fox Moraine, LLC v. United City of Yorkville
PCB No. 2007-146
SERVICE LIST
PCB 2007-146
PCB 2007-146
Charles F. Helsten
Bradley P. Halloran
Hinshaw & Culbertson
Hearing Officer
100 Park Avenue
Illinois Pollution Control Board
Rockford, IL 61105-1389
James R. Thompson Center
1000 West Randolph Street,
Suite 11-500
Chicago, IL 60601
PCB 2007-146
PCB 2007-146
Leo P. Dombrowski
Anthony G. Hopp
Wildman, Harrold, Allen & Dixon
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
225 West Wacker Drive
Suite 3000
Suite 3000
Chicago, IL 60606-1229
Chicago, IL 60606-1229
PCB 2007-146
PCB 2007-146
Michael Roth, Interim City Attorney
Michael Blazer
City of Yorkville
Jeep & Blazer
800 Game Farm Road
24 N. Hillside Avenue, Suite A
Yorkville, IL 60560
Hillside, IL 60162
PCB 2007-146
Thomas Matyas
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
James H. Knippen, II
Walsh, Knippen, Knight &
Pollock, Chartered
601 W. Liberty Dr.
Wheaton, IL 60187-4940
Electronic Filing - Received, Clerk's Office, November 20, 2007
CERTIFICATE OF SERVICE
I, Sharon Twardowski, a non-attorney, certify that I served a copy of the
foregoing
Notice of Filing
and
Fox Moraine, LLC’s Objection to Petition to
Intervene
to the Hearing Officer and all Counsel of Record listed on the attached
Service list, be sending it via Electronic Mail and First Class Mail on November
20, 2007, before 5:00 p.m.
/s/Sharon Twardowski__________________
[x]
Under penalties as provides by law pursuant to ILL. REV. STAT.
CHAP. 110-SEC 1-109, I certify that the statements set forth
Herein are true and correct
Electronic Filing - Received, Clerk's Office, November 20, 2007
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
PCB 07- 146
)
UNITED CITY OF YORKVILLE,
)
CITY COUNCIL
)
)
Respondent.
)
OBJECTION TO PETITION TO INTERVENE
NOW COMES
Fox Moraine, LLC, by its attorneys, Charles Helsten and George
Mueller and for its Objection to the Petition to Intervene filed by Friends of Greater
Yorkville states and alleges as follows:
1.
It is well established that third party objectors are precluded from
intervention in an appeal from a denial of siting approval. Waste Management v.
County Board of Kane County
,
PCB 03-104 (Feb. 20, 2003), Land and Lakes Company,
et al. v. Village of Romeoville
,
PCB 94-195 (Sept. 1, 1994), Waste Management of
Illinois, Inc. v. PCB, 160 Ill.App.3d 454, 513 N.E.2d 592 (2nd Dist. 1987), McHenry
County Landfill, Inc. v. IEPA, 154 Ill.App.3d 89, 506 N.E.2d 372 (2nd Dist. 1987). A
party may intervene only when the third party is a state’s attorney or the Attorney
General’s office intervening to represent the public interest.
2.
Friends of Greater Yorkville is a third party objector without the special
intervention rights of a state’s attorney or the Attorney General’s office representing the
public interest. Friends of Greater Yorkville may participate through public comments
and may seek to file an
amicus curiae
brief.
Electronic Filing - Received, Clerk's Office, November 20, 2007
GEORGE MUELLER
609 Etna Road
Ottawa, Illinois 61350
(815) 431-1500 – Telephone
(815) 431-1501 - Facsimile
george@muelleranderson.com
Charles Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
Rockford, Illinois 61101
(815) 490-4900 - Telephone
(815) 490-4901 - Facsimile
chelsten@hinshawlaw.com
2
3.
Friends of Greater Yorkville’s Petition to Intervene cites no authority in
support of its petition to intervene, because no such authority exists. 35 ILC 101.402
cited by Friends of Greater Yorkville is not applicable to this proceeding as that section
is a part of the PCB’s general rules applicable to adjudicatory proceedings, while the
provisions of part 107 of chapter 35 of the Illinois Administrative Code specifically
govern intervention in petitions to review pollution control facility siting decisions made
by units of local government. Section 107.202(b) of the Board’s rule specifically states,
“Where the interest of the public would be served the Board
or hearing officer may allow intervention by the Attorney
General or the State’s Attorney in the county in which the
facility will be located.”
No other authority for intervention in pollution control facility siting reviews exists.
WHEREFORE,
Fox Moraine, LLC prays that the Petition to Intervene filed by
Friends of Greater Yorkville be denied.
Respectfully submitted,
FOX MORAINE, LLC
By:
___/s/ George Mueller____
One of its attorneys
Electronic Filing - Received, Clerk's Office, November 20, 2007

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