George Mueller
Mueller Anderson, P.C.
609 East 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
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 24th day of September, 2008,
George Mueller, one of the attorneys for Petitioner, Fox Moraine, LLC, filed via
electronic filing of the attached
Motion to Compel Disclosure of Roth Report
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, September 24, 2008
George Mueller
Mueller Anderson, P.C.
609 East 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
Fox Moraine, LLC v. United City of Yorkville
PCB No. 07-146
SERVICE LIST
PCB 2007-146
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
1000 West Randolph Street
Suite 11-500
Chicago, IL 60601
PCB 2007-146
Derke J. Price
Ancel, Glink, Diamond, Bush & Krafthefer
P.C.
140 South Dearborn Street
Sixth Floor
Chicago, IL 60603
PCB 2007-146
Charles Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
PCB 2007-146
Jeffrey D. Jeep
Jeep & Blazer, LLC
24 North Hillside Avenue
Suite A
Hillside, IL 60162
PCB 2007-146
Leo P. Dombrowski
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-146
Anthony Hopp
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-146
Thomas I. Matyas
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-146
James B. Harvey
Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, IL 60435
PCB 2007-146
Ms Valerie Burd, Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
PCB 2007-146
Michael Roth, Interim City Attorney
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
PCB 2007-146
Eric Weis
Kendall County State’s Attorney
Kendall county Courthouse
807 John Street
Yorkville, IL 60560
PCB 2007-146
James Knippen
Walsh Knippen Knight & Pollick
2150 Manchester Road
Suite 200
Wheaton, IL 60187-2476
George Mueller
Mueller Anderson, P.C.
609 East 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
Motion to Compel the Disclosure of Roth Report
to
the Hearing Officer and all Counsel of Record listed on the attached Service list,
by sending it via Electronic Mail on September 24, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
PCB 07- 146
)
UNITED CITY OF YORKVILLE,
)
CITY COUNCIL
)
)
Respondent.
)
MOTION TO COMPEL DISCLOSURE OF ROTH REPORT
NOW COMES Fox Moraine Landfill, LLC hereinafter (“Fox Moraine”), by its attorneys, George
Mueller and Charles Helsten and moves for disclosure by the City of Yorkville of the Michael Roth report
submitted to City Council members on May 23, 2007, and in support thereof state as follows:
1.
The public hearings before the Yorkville City Council on Fox Moraine’s siting
application commenced on March 7, 2007 and continued for many days until ending on April 23, 2007.
While said hearings were occurring there was a municipal election on April 17, 2006, in which three new
city council members and a new mayor were elected. These individuals were sworn in on May 8, 2006, at
which time a new city attorney, Michael Roth was hired by the city council. An invoice from Michael
Roth’s law firm at that time, Wildman, Harrold, Allen and Dixon, attached hereto as Exhibit A, indicates
however that various members of that firm were performing legal services for the City related to the
landfill siting application as early as April 27, 2007.
2.
On May 23, 2007, the city council began public deliberations on the siting application.
May 23, 2007, was also the last day of the thirty day post hearing public comment period, and on that
day, Fox Moraine filed supplemental materials with the City, the hearing officer, Larry Clark filed a
report containing his findings and recommendations and the city expert technical staff filed a report
authored by attorney Derke Price with its findings and recommendations. Both the Clark report and the
Price report are referenced in the City’s final resolution and part of the record herein.
3.
That it appears from the transcript of the proceedings of May 23, 2007, that the new city
attorney Michael Roth also filed a report with his findings and recommendations on that date. See pages
10 and 11 of the May 23, 2007, transcript attached hereto as Exhibit B.
4.
At his discovery deposition on September 19, 2008, former Yorkville Alderman Wally
Werderich admitted that there was a supplemental filing by Roth on or about May 23, 2007. Werderich
however refused to answer questions about the subject and even the general contents of this submittal
including whether or not it contained a discussion of the evidence. See Werderich Deposition Excerpt
attached hereto as Exhibit C.
5.
The Roth report is not part of the record filed by the City of Yorkville with this Board.
6.
There is no privilege applicable to the Roth report any more that there would have been a
privilege applicable to the report authored by attorney Derke Price, which report was received by the city
council, allegedly considered by them and made part of the record. Fox Moraine as a matter of
fundamental fairness is entitled to know all of the materials considered by the city council in making its
decision.
WHEREFORE, Fox Moraine Landfill prays for an order compelling the City of Yorkville to
disclose the Roth report submitted to the city council members on May 23, 2007.
Respectfully submitted,
FOX MORAINE, LLC
By:
__/s/ George Mueller_______
One of its attorneys
George Mueller
MUELLER ANDERSON, P.C.
609 East Etna Road
Ottawa, Illinois 61350
Telephone (815) 431-1500
Facsimile (815) 815-1501
Gmueller21@sbcglobal.net
Charles Helsten
Hinshaw and Culbertson, LLP
100 Park Avenue
Rockford, Illinois 61101
Telephone (815) 490-4900
Facsimile (815) 490-4901
chelston@hinshawlaw.com
WERDERICH EXERPT
Q All right. There, there is an inference, Wally, in these transcripts that there was also
a report or recommendations from Mike Roth. Do you remember whether you received anything
like that that day?
A We did receive some information from, from our attorney. Yes.
…
MR. MUELLER: My question is, did the document contain a discussion of the evidence
from the landfill hearing.
MR. DOMBROWSKI: I am instructing him not to answer.
Pp 58, 61
