State of Illinois
Pollution Control Board
James
R.
Thompson Center
100 W.
Randolph Street, Suite 11-500
Chicago, Illinois 60601
RECEIVED
C
LERK'S OFFICE
AUG 1 8 2008
PSTATE
ollution
OF
Control
ILLINOIS
Board
In The Matter Of:
)
Anne McDonagh & David Fishbaum )
1464 Linden Avenue
)
Highland Park, IL 60035 )
Complainants, v. ) PCB
20 a
1
(C)
Richard and Amy Michelon
1474 Linden Avenue
Highland Park, IL 60035
Respondents.
NOTICE OF FILING
TO: Anne McDonagh and David Fishbaum Bradley
P. Halloran, Hearing Officer
1464 Linden Avenue
Illinois Pollution Control Board
Highland Park, IL 60035
James R. Thompson Center, #11-500
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that on August
I) ,
18, the undersigned filed with
the State of Illinois Pollution Control Board, James Thompson
Center, 100 W.
Randolph Street, Suite 11-500, Chicago, Illinois 60641, spy
of Respondents' Answer
to Complainants' Complaint, a copy of which is attacl u to
and served upon you.
Elliot S. Wiczer
WICZER & ZELMAR, LLC
500 Skokie Boulevard, Suite 350
Northbrook, IL 60062
(847) 849-4800
Attorney No. 37886
CERTIFICATE OF SERVICE
I, Elliot S. Wiczer, an attorney, on oath state that I caused a copy of the foregoing
Notice and Answer to be served upon the peraon(s)
,
named above by depositing the same in
the United States Mail at 500 Skokie Boulevard, brook, Illinois, before 5:00 p.m on
this \ )
day of August, 2008, with proper post
2
State of Illinois
Pollution Control Board
James R. Thompson Center
100
W.
Randolph Street, Suite 11-500
Chicago, Illinois 60601
In The Matter Of:
)
Anne McDonagh & David Fishbaum )
1464 Linden Avenue )
Highland Park, IL 60035 )
RECEIVEDC
E
I VE
D
Pollution
Bo
ard
Complainants,
v.
?
PCB 08-76
(Citizens Enforcement – Noise)
Richard and Amy Michelon
1474 Linden Avenue
Highland Park, IL 60035
Respondents.
RESPONDENTS' ANSWER TO COMPLAINANTS' COMPLAINT
NOW COME the Respondents, RICHARD MICHELON and AMY MICHELON
("Respondents"), by and through their attorneys, Wiczer & Zelmar, LLC, and for their
Answer to the Complainants, ANNE MCDONAGH and DAVID FISHBAUM
("Complainants") Complaint state as follows:
1.
ANSWER: The Respondents admit the allegations contained in
paragraph 1 of Complainants' Complaint.
2.
ANSWER: There are no allegations made by the Claimants in
paragraph 2 of Complainants' Complaint and therefore the Respondents do not answer.
3.
ANSWER: The Respondents admit the allegations contained in
paragraph 3 of Complainants' Complaint.
4.
ANSWER: The Respondents deny the allegations contained in
paragraph 4 of Complainants' Complaint.
5.
ANSWER: The Respondents admit that the Complainants have filed a
Complaint pursuant to 35 Ill. Adm. Code Subtitle H, Section 901.102(a). The
Respondents deny the remaining allegations contained in paragraph 5 of Complainants'
Complaint.
6.
ANSWER: The Respondents admit that the Complainants allege there
is noise pollution as defined under the relevant code sections, however the Respondents
deny the remaining allegations contained in paragraph 6 of Complainants' Complaint.
7.
ANSWER: The Respondents are without sufficient information to
either admit or deny the allegations contained in paragraph 7 of Complainants' Complaint
and therefore deny the same.
8.
ANSWER: The Respondents are without sufficient information to
either admit or deny the allegations contained in paragraph 8 of Complainants' Complaint
and therefore deny the same.
9.
ANSWER: The Respondents neither admit nor deny the allegations
contained in paragraph 9 of Complainants' Complaint as some of the allegations contain
conclusions of law for which no response is required. In addition, the Respondents are
without sufficient information to either admit or deny the remaining allegations contained
in paragraph 9 and therefore deny the same.
10.
ANSWER: The Respondents admit that there are no known reported
cases concerning the allegations made by Complainants.
2
RICHARD MI *EL N and
AMY MICHE N
11. ANSWER:
The Respondents admit paragraph 11 of Complainants'
Complaint.
WHEREFORE, the Respondents, RICHARD MICHELON and AMY
MICHELON, pray this Administrative Review Board deny the relief sought in
Complainants', ANNE MCDONAGH and DAVID FISHBAUM, Complaint and for any
other relief this Board deems just and fit.
Respectfully submitted,
Elliot S. Wiczer
WICZER & ZELMAR, LLC
500 Skokie Boulevard, Suite 350
Northbrook, IL 60062
(847) 849-4800
Attorney No. 37886
3