George Mueller
Mueller Anderson, P.C.
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
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 May, 2008, George
Mueller, one of the attorneys for Petitioner, Fox Moraine, LLC, filed via electronic
filing of the attached
RESPONSE TO MOTION TO DISMISS
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
Electronic Filing - Received, Clerk's Office, May 20, 2008
George Mueller
Mueller Anderson, P.C.
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
Fox Moraine, LLC v. United City of Yorkville
PCB No. 2007-146
SERVICE LIST
PCB 2007-146
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,
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 Blazer
Charles F. Helsten
Jeep & Blazer
Hinshaw & Culbertson
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, May 20, 2008
George Mueller
Mueller Anderson, P.C.
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
CERTIFICATE OF SERVICE
I, Sharon Twardowski, a non-attorney, certify that I served a copy of the
foregoing
Notice of Filing
and
RESPONSE TO MOTION TO DISMISS
to the
Hearing Officer and all Counsel of Record listed on the attached Service list, be
sending it via Electronic Mail on May 20, 2008, 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, May 20, 2008
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
PCB 07- 146
)
UNITED CITY OF YORKVILLE,
)
CITY COUNCIL
)
)
Respondent.
)
RESPONSE TO MOTION TO DISMISS
NOW COMES Fox Moraine, LLC by and through one of its attorneys, George
Mueller, and for its response to the Motion to Dismiss filed herein by the United City of
Yorkville, states as follows:
1.
The Motion to Dismiss filed by the City of Yorkville, in essence, seeks a
dismissal for Fox Moraine’s alleged failure to pay for preparation of the record on
review.
2.
The invoices submitted with the motion, being four invoices from a
company entitled C2 Legal and totaling $6,282.96 do not, on their face, indicate that
they were incurred for preparation of the record on review. These invoices listed as the
customer a certain individual named “Ryan Aldrich” and they list as the person to whom
the services were sold the firm of Wildman, Harrold, Allen & Dixon LLP. The invoices
charged for preparation of 42 dvd’s, 20 compact discs and for a service call of “blow
back of scanned images.” Accordingly, it is not at all clear that these services are even
related to the preparation of the record submitted to the Pollution Control Board.
Electronic Filing - Received, Clerk's Office, May 20, 2008
George Mueller
Mueller Anderson, P.C.
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.
The foregoing notwithstanding, Fox Moraine previously accepted counsel
for Yorkville’s representation that the foregoing services were in fact related, reasonable
and necessary for preparation of the record, and based upon this, payment of the
invoices was directed last September. Due to an oversight, the letter authorizing
payment was sent to an incorrect address and payment was inadvertently not made.
4.
Upon learning of the inadvertent failure to make payment, Fox Moraine
promptly made direct payment of these invoices with a check in the amount of
$6,282.96 sent to “Wildman, Harrold, Allen & Dixon, LLP” on May 6, 2008, a copy of the
check is attached hereto and made a part hereof.
5.
The City of Yorkville cites 735 ILCS 5/3-109 in support of the proposition
that failure to pay for the preparation of the record mandates dismissing the petition for
review. However, that section does not mandate dismissal for non-payment, it merely
states that failure to pay may be authority for the entry of an order dismissing a
complaint. Rodriguez v. Sheriff’s Merit Commission
,
355 Ill.App.3d 676 (Second District
2005). Accordingly, dismissal is discretionary and not mandatory.
WHEREFORE, given the foregoing, and the fact that payment has now been
made, the motion to dismiss should be denied as moot.
Respectfully submitted,
FOX MORAINE, LLC
By:
__/s/ George Mueller_________________
One of its attorneys
Electronic Filing - Received, Clerk's Office, May 20, 2008
Electronic Filing - Received, Clerk's Office, May 20, 2008
