BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Notice of Filing PCB121407
MOTION TO COMPEL AND FOR SANCTIONS
Exhibit A_B

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE, LLC

UNITED CITY OF YORKVILLE,

See Attached Service List

PLEASE TAKE NOTICE that on this14th day of December, 2007, George

Mueller, one of the attorneys for Petitioner, Fox Moraine, LLC, filed via electronic

filing of the attached

Motion to Compel and for Sanctions

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, December 14, 2007

Fox Moraine, LLC v. United City of Yorkville

PCB No. 2007-146

SERVICE LIST

PCB 2007-146

Dorothy M. Gunn, Clerk

Bradley P. Halloran

Illinois Pollution Control Board

Hearing Officer

1021 North Grand Avenue East

Illinois Pollution Control Board

P.O. Box 19274

James R. Thompson Center

Springfield, Illinois 62794-9274

1000 West Randolph Street,

Wildman, Harrold, Allen & Dixon

225 West Wacker Drive

Suite 3000

Chicago, IL 60606-1229

24 N. Hillside Avenue, Suite A

100 Park Avenue

Hillside, IL 60162

Rockford, IL 61105-1389

PCB 2007-146

Thomas Matyas

Wildman, Harrold, Allen & Dixon

225 West Wacker Drive

Suite 3000

Chicago, IL 60606-1229

Electronic Filing - Received, Clerk's Office, December 14, 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 Motion to Compel and For

Sanctions

to the Hearing Officer and all Counsel of Record listed on the

attached Service list, be sending it via Electronic Mail on December 14, 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, December 14, 2007

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

UNITED CITY OF YORKVILLE,

MOTION TO COMPEL AND FOR SANCTIONS

NOW COMES Fox Moraine, LLC, the Petitioner herein, by one of

its attorneys, George Mueller and for its motion states and alleges as

follows:

That this motion is brought pursuant to §101.616 of the

Board's General Rules.

On August 2, 2007, Petitioner, Fox Moraine, LLC,

propounded Interrogatories and a Request to Produce to the United City

of Yorkville, the Respondent herein. Copies of the same are attached

hereto and made a part hereof as Exhibit A.

On August 23, 2007, the City of Yorkville filed a Motion for

Protective Order objecting to the propounded discovery requests and

seeking to limit discovery, alleging that Petitioner had waived its right to

seek the specific discovery requested in its Interrogatories and Request to

Produce. Said motion also alleged that discovery requests to the council

members were unreasonably burdensome and unduly onerous.

On September 20, 2007, the Hearing Officer herein issued

Electronic Filing - Received, Clerk's Office, December 14, 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

an Order denying the motion and ordering the City of Yorkville to comply

with the outstanding discovery requests.

On September 28, 2007, the City of Yorkville filed objections

and responses to Petitioner’s First Request to Produce and objections and

answers to Petitioner’s First Set of Interrogatories. Copies of the same

are attached hereto and made a part hereof as Exhibit B.

With regard to the Request to Produce, the responses are

deficient and incomplete for the following reasons:

Respondent objected to every single Request to

Produce. Said objections had been waived by failure to include them in

their original motion for protective order and to limit scope of discovery

and said objections had been preempted to the extent that the Hearing

Officer's order of September 20, 2007, found that the requests were not

burdensome and onerous.

As to requests 1 through 6 and 13 through 16, the

City indicated that, without waiving its objections, it would produce

documents within its possession, "if any." No documents have been

produced with respect to any of these requests nor has there been any

statement, verified or unverified, by respondent that no responsive

documents exist with respect to these requests.

With respect to requests 7 through 12, Respondent

has not produced anything nor indicated that they would produce any

Electronic Filing - Received, Clerk's Office, December 14, 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

documents without waiving their objections.

The response to the Request to Produce is signed by

one of Respondent’s attorneys, is unverified and is not accompanied by

an affidavit of accurateness or completeness as required by Supreme

Court Rules.

The responses and objections to the Petitioner’s First Set of

Interrogatories are insufficient and defective as follows:

Respondent objected to each and every Interrogatory

propounded. Said objections were waived by failure to include them in

Respondent’s Motion for Protective Order and are disposed of by the

Hearing Officer’s Order of September 20, 2007.

Respondents failed entirely to answer Interrogatories

2 and 3. The answer to Interrogatory number 4 is not specific and does

not address the subparts of the Interrogatory.

The answer to

Interrogatory number 5 is not specific and does not address the subparts.

The answer to Interrogatory number 6 makes reference to documents

allegedly produced in response to the Request to Produce, when in fact,

no documents were produced.

The responses and answers of the City of Yorkville are so

incomplete as to be no responses at all. In light of the Hearing Officer's

Order of September 20, 2007, the City of Yorkville's so called responses

and answers are clearly propounded in bad faith and the Hearing Officer

Electronic Filing - Received, Clerk's Office, December 14, 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

ought to sanction the City in accordance therewith.

WHEREFORE, Fox Moraine, LLC prays for an order compelling the

City of Yorkville to substantively and meaningfully respond to the Request

to Produce and Interrogatories propounded, for sanctions against the City

of Yorkville and for such other and further relief that this Hearing Officer

deems equitable and just.

Respectfully submitted,

FOX MORAINE, LLC

By:

/s/George Mueller________

One of its attorneys

Electronic Filing - Received, Clerk's Office, December 14, 2007