State of Illinois
    Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    In the Matter of:
    )
    CASEYVILLE SPORT CHOICE, LLC,
    )
    An Illinois Limited Liability Company,
    )
    )
    Complainant,
    )
    )
    vs.
    )
    PCB 2008-030
    )
    ERMA I. SEIBER, ADMINISTRATRIX
    )
    OF THE ESTATE OF JAMES A. SEIBER, )
    DECEASED, AND ERMA I. SEIBER,
    )
    IN HER INDIVIDUAL CAPACITY,
    )
    )
    Respondent.
    )
    COMPLAINANT’S MOTION TO ADD PARTY DEFENDANT
    AND FOR LEAVE TO AMEND COMPLAINT
    Comes now the complainant, Caseyville Sport Choice, LLC, by its attorneys, Belsheim &
    Bruckert, L.L.C., pursuant to Section 103.206(a) and (b) of the General Rules of the Illinois
    Pollution Control Board, and moves this honorable Board to give it leave to add a party
    defendant and to amend its Complaint to state a cause of action against the additional party
    defendant. In support of its motion, the complainant, Caseyville Sport Choice, LLC, states the
    following:
    1.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, which operated a horse racing track, was the source of the huge amount of horse
    manure and intermixed “municipal trash” on the land involved in this case, for the cleaning up of
    which the complainant seeks reimbursement of its costs.
    - 1 -
    Electronic Filing - Received, Clerk's Office, August 22, 2008
    2.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, repeatedly paid James Seiber d/b/a Seiber Hauling and Contracting to haul away,
    from its horse racing track, large amounts of horse manure and intermixed “municipal trash,”
    with the expectation that Seiber would dump the horse manure and “municipal trash” on his own
    land rather than at a properly permitted waste-disposal site or facility.
    3.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, was thus an off-site generator of waste, within the meaning of the decision in
    People ex rel Ryan vs. McFalls
    , 313 Ill. App. 223, 728 N.E. 2d 1152, 245 Ill. Dec. 795 (3d Dist
    2000), that caused or allowed the open dumping of the waste on the land involved in this case, in
    violation of §21(a) of the Illinois Environmental Protection Act (415 ILCS 5/21(a)).
    4.
    Consequently, the complainant desires to add Fairmount Park, Inc., (formerly
    known as Ogden Fairmount, Inc.) a Delaware Corporation, to this proceeding as a party
    defendant.
    5.
    The complainant also desires to amend its Complaint by filing a First Amended
    Complaint, Count II of which is directed against Fairmount Park, Inc., (formerly known as
    Ogden Fairmount, Inc.) a Delaware Corporation.
    See
    copy of the proposed First Amended
    Complaint attached hereto as Exhibit A.
    WHEREFORE the complainant, Caseyville Sport Choice, LLC, prays that the Board (by
    and through the Hearing Officer) will give it leave to add Fairmount Park, Inc., (formerly known
    as Ogden Fairmount, Inc.) a Delaware Corporation, as a party defendant, and leave to amend its
    Complaint by filing a First Amended Complaint, Count II of which is directed against Fairmount
    Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware Corporation.
    - 2 -
    Electronic Filing - Received, Clerk's Office, August 22, 2008
    CASEYVILLE SPORT CHOICE, LLC,
    An Illinois Limited Liability Company,
    By /s/ John P. Long
    John P. Long #1687832
    Belsheim & Bruckert, L.L.C.
    1002 E. Wesley Drive, Suite 100
    O’Fallon, Illinois 62269
    618-624-4221/618-624-1812 Fax
    Attorney for Complainant
    - 3 -
    Electronic Filing - Received, Clerk's Office, August 22, 2008
    Electronic Filing - Received, Clerk's Office, August 22, 2008

    Back to top