BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ESTATE OF WILLIAM EGGERT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
PCB No. 08-35
(UST Appeal)
RECEIVED
ClERK'S OFFICE
JAN
172008
STATE
Or: ILLINOIS
Pollution
Control
Board
John Therriault, Acting Clerk
lllinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
KaraMagyar
Project Assistant
Gabriel Environmental Services
142t N. Elston Avenue
.. Chicago, IL 60622
NOTICE
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
Board an APPEARANCE
and a MOTION TO DISMISS, copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melan-......ie~A-...J.~J...,arv··"-'isU{
'::::7\~
Assistant Counsel
Special Assistant Attorney General
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O.
Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 15, 2008
1
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 15, 2008, I served true and
correct copies
of an APPEARANCE and MOTION TO DISMISS by placing true and correct copies
thereof in properly sealed and addressed envelopes and by depositing said sealed envelopes in a U.S.
Mail drop box located within Springfield, Illinois, with sufficient First Class postage affixed thereto,
upon the following named persons:
John Therriault, Acting Clerk
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
KaraMagyar
Project Assistant
Gabriel Environmental Services
1421
N. Elston Avenue
Chicago, IL 60622
Bradley Halloran, Hearing Officer
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago,IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
~M~
Melanie
A.
Jarvis
Assistant Counsel
Special Assistant Attorney General
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ESTATE OF WILLIAM EGGERT,
Petitioner,
v.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
PCB No. 08-35
(UST Appeal)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters her Appearance on behalf of the
Respondent, the Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue,
East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 15, 2008
This filing submitted on recycled paper.
3
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ESTATE OF WILLIAM EGGERT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
PCB No. 08-35
(UST Appeal)
MOTION TO DISMISS
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois EPA"),
by one of its attorneys, Melanie A. Jarvis, Assistant Counsel and Special Assistant Attorney General,
and, pursuant to 35 ill. Adm. Code 101.500, hereby respectfully moves the Illinois Pollution Control
Board ("Board") to dismiss the above action and in support of said motion, the Illinois EPA states as
follows:
1.
On November 13,2007, Kara Magyar, Project Assistant with Gabriel EnvironmentalService,s
filed a Petition on behalf of the Estate of Eggert.
2.
The website for the Attorney Registration and Disciplinary Commission does not show a Kara
Magyar registered
as an attorney.
3
On December 6, 2007, the Board issued an order directing the Petitioner to file an amended
petition for review accompanied
by the appearance of an attorney.
4.
As oftoday's date, the Petitioner has not filed the amended petition as directed.
5.
Further, Board rules clearly state that the petition for review must be filed by an attorney. 35 ill.
Adm. Code 101.400(a)(2). This is not the first appeal filed on behalf ofthe Estate ofEggert and in the
past an attorney has represented them, so they clearly are aware
of the rule. See, PCB 07-22.
6.
Any judgment in a case initiated by a non-attorney is void, even if subsequent appearances are
4
made by an attorney. See, Housing Authority of Cook County v. Tonsul, 115 ill. App. 3d 739, 450
N.E.2d 1248 (1st Dist. 1983); Midwest Home Savings
&
Loan v.Ridgewood, 123 ill. App. 3d 1001,463
N.E.2d 909 (5th Dist. 1984); Marken Real Estate
&
Management Corporation v. Adams, 56 Ill. App. 3d
426,371 N.E.2d 1192
(lst Dist. 1977); Leonard v. Walsh, 73
Ill.
App. 2d 45,220 N.E.2d 57 (4th Dist.
1966).
CONCLUSION
For the reasons stated herein, the illinois EPA respectfully requests that the Board grant the
illinois
EPA's Motion to Dismiss.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
~~
Assistant Counsel
Special Assistant Attorney General
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, illinois 62794:'9276
217/782-5544
217/782-9143 (TDD)
Dated: January 15, 2008
Tbis filing submitted on recycled paper.
5