BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
v.
)
)
)
UNITED CITY OF YORKVILLE, CITY )
COUNCIL
)
)
Respondent.
)
PCB No. 07-146
(Pollution Control Facility Siting
Appeal)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on November
20,2008, Leo P. Dombrowski, one
of the attorneys for Respondent, United City ofYorkville, filed via electronic filing the
attached
United City of Yorkville's Response to Petitioner's Motion to Cancel the
December 2008 Hearing,
with the Clerk of the Illinois Pollution Control Board, a copy
of which is herewith served upon you.
Respectfully submitted,
UNITED CITY OF YORKVILLE
By:
/s/ Leo
P. Dombrowski
One
oftheir Attorneys
Anthony
G. Hopp
Thomas
I. Matyas
Leo P. Dombrowski
WILDMAN, HARROLD, ALLEN
&
DIXON LLP
225 West Wacker Drive, 30th Floor
Chicago, Illinois 60606
Phone: (312) 201-2000
Fax: (312) 201-2555
hopp@wildman.com
matyas@wildman.com
dombrowski@wildman.com
Electronic Filing - Received, Clerk's Office, November 20, 2008
CERTIFICATE OF SERVICE
I, Susan Hardt, a non-attorney, certify that I caused a copy ofthe foregoing Notice
of Filing and United City of Yorkville'sResponse to Petitioner'sMotion to Cancel
the December
2008 Hearing, to be served upon the Hearing Officer and all Counsel of
Record listed on the attached Service list by sending it via Electronic Mail on November
20,2008.
/s/ Susan Hardt
[x]
Under penalties as provided 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, November 20, 2008
SERVICE LIST
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
George Mueller
Mueller Anderson, P.C.
609 Etna Road
Ottawa, Illinois 61350
george@muelleranderson.com
Charles Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
chelsten@hinshawlaw.com
Michael
S. Blazer
Jeep
&
Blazer, LLC
24 N. Hillside Avenue, Suite A
Hillside, IL 60162
mblazer@enviroatty.com
Eric
C. Weiss
Kendall County State'sAttorney
Kendall County Courthouse
807 John Street
Yorkville, Illinois 60560
eweis@co.kendall.il.us
James J. Knippen, II
Walsh, Knippen, Knight
&
Pollock
2150 Manchester Road
Suite 200
Wheaton,IL 60187
jim@wkkplaw.com
heather@wkkplaw.com
James B. Harvey
McKeown, Fitzgerald, Zollner,
Buck, Hutchison
&
Ruttle
24255 Glenwood Avenue
Joliet,IL 60435
jim@mckeownlawfirm.com
Electronic Filing - Received, Clerk's Office, November 20, 2008
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
Petitioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 07-146
(Pollution Control Facility Siting
Appeal)
YORKVILLE'S RESPONSE TO PETITIONER'S MOTION TO CANCEL
THE DECEMBER 2008 HEARING
Respondent, the United City of Yorkville (''Yorkville''),responds to Petitioner'sMotion
to Cancel the December 2008 Hearing as follows:
1.
Petitioner'scounsel has represented that it is necessary to cancel the December
2008 hearing because its material principal, Mr. Donald Hamman, is gravely ill and will require
open heart surgery in late November, 2008.
2.
On November 20,2008, Petitioner'scounsel served Yorkville with a physician's
letter
in support ofhis representations regarding his client'shealth.
3.
Based on the physician'sletter stating that Mr. Hamman will be unable to
participate in a December 2008 hearing, Yorkville has no objection to canceling the currently-
scheduled hearing.
4.
Yorkville joins
in
Petitioner'srequest for a status hearing in January 2009.
5.
This appeal has now been pending for almost 18 months. Yorkville would like to
achieve a resolution of this process as soon as reasonably practicable. Therefore, assuming that
Mr. Hamman'shealth improves
by early 2009, Yorkville requests that the Hearing Officer set an
Electronic Filing - Received, Clerk's Office, November 20, 2008
aggressive schedule for discovery completion and a hearing so that this matter may be resolved
as expeditiously as reasonably possible.
Respectfully submitted,
UNITED CITY OF YORKVILLE, CITY
COUNCIL
By:
/s/ Anthony
G.
Hopp
One
of Its Attorneys
Dated: November 20,2008
Anthony G. Hopp
Thomas
I.
Matyas
Leo P. Dombrowski
WILDMAN, HARROLD, ALLEN
&
DIXON LLP
225 West Wacker Drive
Chicago, Illinois 60606
Telephone:
(312) 201-2000
Facsimile:
(312) 201-2555
hopp@wildman.com
matyas@wildInan.com
dombrowski@wildman.com
2
Electronic Filing - Received, Clerk's Office, November 20, 2008
