BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
FOX MORAINE, L.L.C.,
Petitioner,
MAY 2 0 2008
STATE OF
ILLINOIS
Pollution
Control Board
v.
?
PCB 07-146
Pollution Control Facility Siting Appeal
UNITED CITY OF YORKVILLE,
CITY COUNCIL,
Respondent.
Notice of Filing
To: See attached service list
You are hereby notified that on May 19, 2008, we mailed to be filed with the Clerk of the
Illinois Pollution Control Board, the original of Friends of Greater Yorkville's
Motion to
Compel Case Participants to add Friends of Greater Yorkville to Service Lists,
a copy of
which is hereby served on you.
WALSH, KNIPPEN, KNIGHT & POLLOCK, CHARTERED
2150 Manchester Rd., Ste. 200
Wheaton, IL 60187-2476
630-462-1980
jim@wkkplaw.com
Proof of Service
The undersigned attorney certifies pursuant to 735 ILCS 5/1-109 that a copy of the
foregoing instrument was served upon the attorneys of record of all parties to the above cause by
enclosing the same in an envelope addressed to such attorneys at their business address as
disclosed by the pleadings of record herein, with postage prepaid, and by depositing said
envelope in a U.S. Post Office Mailbox in Wheaton, Illinois on May 19, 2008.
SERVICE LIST
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100W. Randolph Street
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
Derke J. Price
Ancel, Glink, Diamond, Bush & Krafthefer,
140 South Dearborn Street, 6th Floor
Chicago, Illinois 60603
T: (312) 782-7606
F: (312) 783-0943
dprice@ancelglink.com
Charles Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
T: (815) 963-8488
F: (815) 963-9989
chelsten@hinshawlaw.com
Jeffrey D. Jeep, Esq.
Michael S. Blazer
Jeep & Blazer, LLC.
24 North Hillside Ave., Ste. A
Hillside, IL 60162
jdjeep@enviroatty.com
mblazer@enviroatty.com
James Harvey
Buck, Hutchison & Ruffle
2455 Glenwood Avenue
Joliet, Illinois 60435
T: (815) 729-4800
jim@mckeownlawfirm.com
Fox Moraine, LLC.
George Mueller
Mueller Anderson, P.C.
609 Etna Road
Ottawa, Illinois 61350
T: (815) 431-1500
F: (815) 431-1501
george@muelleranderson.com
Ms. Valierie Burd, Mayor
Michael Roth, Interim City Attorney
City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Eric Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, Illinois 60560
T: (630) 553-4157
F: (630) 553-4204
eweis@co.kendall.il.us
United City of Yorkville
Leo P. Dombrowski
Anthony G. Hopp
Thomas I. Matyas
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive, Ste. 3000
Chicago, Illinois 60606-1229
T: (312) 201-2000
F: (312) 201-2555
hopp@wildman.com
matyas@wildman.com
dombrowski@wildman.com
LERK 'SEIVOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
gaC
lE
?
ED
FOX MORAINE, L.L.C.,
)
Petitioner,
MAY 2 0 2008
PD
_STATE
°Hutton
OF
Control
ILL
INOIS
Board
v.
?
PCB 07-146
Pollution Control Facility Siting Appeal
UNITED CITY OF YORKVILLE,
CITY COUNCIL,
Respondent.
Motion to Compel Case Participants to add Friends of Greater Yorkville to Service Lists
Now COMES
Friends of Greater Yorkville, an Illinois not-for-profit corporation, by and
through its attorneys,
WALSH, KNIPPEN, KNIGHT & POLLOCK, CHARTERED,
and respectfully
requests that the Hearing Officer enter an Order directing the participants in this matter to serve
copies of all documents upon the attorney for Friends of Greater Yorkville, who is listed on the
service list for this matter; and in support of this motion, states:
1.
On December 6, 2007, the Board adopted an Order allowing Friends of Greater
Yorkville to file an
amicus curaie
brief in this matter.
2.
The undersigned attorney for Friends of Greater Yorkville was added to the
service list by the Illinois Pollution Control Board Clerk. (See electronic docket sheet.)
3.
After the undersigned attorney was added to the service list, the other participants
in the case were not including him on documents that were filed and served.
4.
On April 15, 2008, the undersigned attorney sent a letter to all other persons
named on the service list, asking that they update their service lists to ensure that mailings on the
case were sent to the attorney for Friends of Greater Yorkville. (A copy of this letter is attached
as Exhibit A.)
5.
On May 5, 2008, Petitioner Fox Moraine, LLC, filed with the Clerk a document
titled "Second Request to Produce." The Petitioner did not name the undersigned attorney on the
service list or serve the undersigned attorney with a copy of this document.
Section 101.202 of Title 35 of the Illinois Administrative Code defines "service
list" as follows:
"Service list" means the list of persons designated by the hearing officer or Clerk
in a regulatory or adjudicatory proceeding upon whom participants
must
serve
motions, prefiled questions and prefiled testimony and any other documents that
the participants file with the Clerk unless the hearing officer otherwise directs.
(Emphasis added.)
7.
Section 101.304(b), of Title 35, titled "Duty to Serve," states that "Parties in
Board adjudicatory proceedings are responsible for service of all documents they file with the
Clerk's Office."
8.
In accordance with these regulations, Friends of Greater Yorkville requests that
the Hearing Officer enter an Order compelling the other parties to this case to serve the copies of
all documents that the participants file with the Clerk upon the attorney for Friends of Greater
Yorkville.
WHEREFORE
Friends of Greater Yorkville respectfully requests that the Hearing Officer
enter an Order directing the participants in this matter to serve copies of all documents upon the
attorney for Friends of Greater Yorkville, who is listed on the service list for this matter.
Respectfully submitted,
FRIENDS OF GREATER YORKVILLE
James H. Knippen, II
WALSH, KNIPPEN, KNIGHT &
POLLOCK, CHARTERED
2150 Manchester Rd., Ste. 200
Wheaton, IL 60187-2476
630-462-1980
jim@wkkplaw.com
04 of
(11114
its attorneys
?
04 ,
Walsh, Knippen,
Knight &
Pollock
CHARTERED
ATTORNEYS AT LAW
EDWARD J. WALSH
JAMES H KNIPPEN
THOMAS L KNIGHT
BRADLEY N. POLLOCK
ADAM C. KRUSE
April 15, 2008
To: See
attached service list
Re:
Fox Moraine, LLC v, United City of Yorkville, City Council,
Illinois Pollution Control
Board Case No. 07-146
Dear Counsel,
This law firm, which represents Friends of Greater Yorkville in the above-captioned matter, has
been added to the service list by the Clerk of the Pollution Control Board. We ask that you please
update your service lists to reflect this when sending mailings on this case. Thank you for your
attention to this matter.
cc: Tom Gilson
2150 MANCHESTER ROAD • SUM 200 • WHEATON, ILLINOIS 60187
(630) 462-1980 • FAX (630) 462-1984
wwwwkkplaw.com • lawyers@wkkplaw.com
EXHIBIT A
WK
K&P
Derke J. Price
Ansel, Glink, Diamond, Bush & Krafthefer,
140 South Dearborn. Street, 6th Floor
Chicago, Illinois 60603
Charles Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Jeffrey D. Jeep, Esq.
Jeep & Blazer, LLC.
24 North Hillside Ave., Ste. A
Hillside, IL 60162
Leo P. Dombrowski
Anthony G. Hopp
Thomas I. Matyas
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive, Ste. 3000
Chicago, Illinois 60606-1229
James Harvey
Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, Illinois 60435
George Mueller
Mueller Anderson, P.C.
609 Etna Road
Ottawa, Illinois 61350
Ms. Valierie Burd, Mayor
Michael Roth, Interim City Attorney
City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Eric Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, Illinois 60560