NOV
    2
    1
    2008
    con
    Board
    KYLE NASH,
    Complainant,
    V.
    LOUIS
    JIMENEZ,
    Respondent.
    )
    )
    )
    PCB
    07-97
    )
    )
    (Citizens
    Enforcement
    -
    Noise)
    )
    NOTICE
    OF
    HUNG
    AN])
    PROOF
    OF
    SERVICE
    TO:
    Kyle
    Nash
    Bradley
    P.
    Halloran,
    Hearing
    Off.
    1630
    W.
    33rd
    Place
    James R.
    Thompson
    Center
    Chicago,
    IL
    60608
    100W.
    Randolph
    St.,
    Ste
    11-500
    Chicago,
    IL
    60601
    Clerk,
    IPCB
    James R.
    Thompson
    Center
    100
    W.
    Randolph
    St.,
    Ste
    11-500
    Chicago,
    IL
    60601
    PLEASE
    BE
    ADVISED
    that
    on
    the
    21
    day
    of
    November,
    2008,
    Respondent
    Karen
    Sokolowski
    and
    Respondent
    Luis
    Jimenez,
    by
    and
    through
    their
    attorney
    James
    M.
    Knox,
    filed
    their
    motion
    to
    consolidate
    these
    matters
    and
    for
    leave
    to
    file
    Reply
    to
    Complainant’s
    Response
    to
    their
    respective
    Motions
    to
    Dismiss,
    along
    with
    their
    Reply,
    all
    of which
    were
    Received
    by
    the
    Clerk’s
    Office
    and
    Mailed
    to
    the
    Complainant
    this
    date,
    true
    and
    correct
    copies
    of
    which
    are
    attached
    hereto
    and
    herewith
    served
    on
    the
    above persons
    at
    the
    addresses
    indicated.
    NAME:
    ADDRESS:
    TELEPHONE:
    James
    M.
    Knox,
    Attorney
    for
    Karen
    Sokolowski
    and
    Luis
    Jimenez
    121
    W.
    Chestnut,
    #3104,
    Chicago,
    IL
    60610
    312/587-1356
    CERTIFICATE
    OF
    SERVICE
    Under
    penalties
    as provided
    by
    law
    pursuant
    to
    Sec.
    1-109
    of
    the
    Illinois
    Code of
    Civil
    Procedure,
    the
    undersigned
    certifies
    that
    a copy
    of
    this
    Notice
    of
    Filing
    and
    Certificate
    of
    Service,
    with
    attached
    Motion
    and
    Reply,
    was
    served
    on
    the
    above persons
    at
    the
    addresses
    indicated
    above,
    by
    depositing
    true
    and
    correct
    copies
    thereof
    in
    a
    sealed, properly
    addressed,
    postage
    pre-paid
    envelopes,
    and
    depositing
    the
    same
    in
    the
    United
    States Postal
    Service
    drop
    box
    located
    at
    121
    W.
    Chestnut
    Street, Chicago,
    IL
    60610,
    before
    4:30
    p.m.,
    on
    November
    21,
    2008.
    Witnessed
    and
    certified
    to
    this
    2U
    t
    day of
    November,
    2008.
    James
    M.
    Knox
    BEFORE
    THE
    ILLINOIS
    POLLUTION CONTROL
    BOARD
    KYLE NASH,
    )
    Complainant,
    )
    v.
    )
    PCB
    07-96
    )
    KAREN
    SOKOLOWSKI,
    )
    (Citizens
    Enforcement
    -
    Noise)
    LAW
    OFFICES
    OF
    JAMES
    M.
    KNOX

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARrOV
    212008
    KYLE
    NASH,
    )
    OFILLJJJ
    Complainant,
    )
    Control
    Board
    v.
    )
    PCB
    07-96
    )
    KAREN
    SOKOLOWSKI,
    )
    (Citizens
    Enforcement
    -
    Noise)
    KYLE
    NASH,
    )
    Complainant,
    )
    v.
    )
    PCB
    07-97
    )
    LOUIS
    JIMENEZ,
    )
    (Citizens
    Enforcement
    -
    Noise)
    Respondent.
    )
    MOTION
    TO
    CONSOLIDATE
    AN])
    TO
    FILE
    REPLY
    NOW COME
    respondents,
    KAREN
    SOKOLOWSKI
    and
    LOUIS
    JIMENEZ,
    by
    and
    through
    their
    mutual
    attorney,
    JAMES
    M.
    KNOX,
    and
    for
    their
    Motion
    to
    consolidate
    and
    for
    leave
    to
    file
    Reply,
    instanter,
    state:
    1.
    Both
    above
    captioned
    proceedings
    were
    filed
    by
    complainant,
    Kyle
    Nash,
    seeking
    relief
    from
    environmental
    noise
    pollution
    said
    to emanate
    from
    adjacent
    two
    flat
    residential
    apartment
    buildings,
    or
    from
    the
    respective
    yards
    or porch
    areas
    thereto,
    which
    are
    owned
    by
    the
    respective
    respondents
    herein,
    and
    are
    located
    on either
    side
    of
    complainant’s
    own
    nearly
    identical
    two
    flat
    apartment
    building,
    each
    of
    the
    three
    located
    mid-block,
    in
    a
    City
    of
    Chicago
    near
    Southside
    residential
    neighborhood;
    the
    three
    architecturally
    nearly
    identical
    buildings
    were
    constructed
    so
    as
    to
    stand
    some
    six
    feet
    apart,
    allowing
    only
    narrow
    passageways
    between
    buildings on
    either
    side
    of
    complainant’s
    own
    building,
    with
    small
    open
    yards
    at
    the rear
    of
    each.
    2.
    These
    two
    proceedings
    are
    identical
    with
    respective
    to the
    issues
    involved,
    have
    the
    same
    time
    frame,
    both
    parties
    having
    retained
    attorney
    James
    M.
    Knox
    to
    represent
    them
    in
    the
    premises,
    requesting that
    these
    matters,
    having
    the
    same
    causation
    issues,
    and the
    like,
    and
    in
    the

    interests
    of
    judicial
    economy,
    should
    be
    consolidated
    to
    ensure
    fairness
    to
    all
    involved.
    3.
    In
    response
    to
    complainant’s
    initial
    pleadings
    herein,
    Respondents
    filed
    separate
    but
    identical
    Motions
    to
    Dismiss,
    asserting
    that
    the
    noise
    making
    devices
    identified
    by
    complainant,
    viz
    wind
    chimes
    in
    both
    cases,
    have
    been
    removed
    from
    their
    respective
    properties
    more
    than
    one
    year
    ago,
    and
    the
    complainant
    has
    now
    filed
    a RESPONSE
    to
    the
    Motions
    to
    Dismiss,
    introducing
    new
    matters,
    not
    referable
    to
    noise
    pollution,
    and
    the
    parties
    request leave
    to
    consolidate
    these
    cases
    and
    for
    leave
    to
    file
    their
    joint Reply
    thereto..
    WHEREFORE,
    based
    on
    the
    foregoing,
    respondents
    request
    that
    these
    matters
    be
    consolidated
    and
    that
    they
    be
    permitted
    to
    file
    their
    mutual
    Reply
    to
    the
    responses
    of
    complainant,
    instanter.
    Respectfully
    submitted,
    Attorney
    for
    Respondents
    James M.
    Knox
    Attorney
    for
    Respondents
    Chestnut
    Tower
    121
    W.
    Chestnut,
    #3
    104
    Chicago,
    Illinois
    60610
    312/587-1356

    RCEflVED
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAR])
    CLERfcS
    OFFICE
    KYLE
    NASH,
    )
    NOV
    2
    ‘ 2008
    Corn
    p
    lainant
    ,
    ollutfr)fl
    STATE
    OF
    Control
    ILLINOIS
    Board
    v.
    )
    PCB
    07-96
    )
    KAREN
    SOKOLOWSKI,
    )
    (Citizens
    Enforcement
    - Noise)
    )
    KYLE
    NASH,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB
    07-97
    )
    LOUIS
    JIMENEZ,
    )
    (Citizens
    Enforcement
    -
    Noise)
    )
    Respondent.
    )
    RESPONDENTS’
    REPLY
    TO
    COMPLAINANT’S
    RESPONSE
    TO
    MOTIONS
    TO
    DISMISS
    NOW
    COME
    respondents,
    KAREN
    SOKOLOWSKI
    and
    LOUIS
    JIMENEZ,
    by
    and
    through
    their
    attorney,
    JAMES
    M.
    KNOX,
    and for
    their
    Reply
    to
    Complainant’s
    Response
    to
    Motion
    to
    dismiss,
    state:
    1.
    Both
    above
    captioned
    proceedings
    were
    filed
    by
    complainant,
    Kyle
    Nash,
    seeking
    relief
    from
    environmental
    noise
    pollution
    said
    to
    emanate
    from
    adjacent
    two
    flat
    residential
    apartment
    buildings,
    or from
    the
    respective
    yards
    or
    porch
    areas
    thereto,
    which
    are
    owned
    by
    the
    respective respondents herein,
    and
    are
    located
    on
    either
    side
    of complainant’s
    own
    nearly
    identical
    two
    flat
    apartment
    building,
    each
    of the
    three
    located
    mid-block,
    in
    a
    City
    of Chicago
    near
    Southside
    residential neighborhood;
    the
    three
    architecturally
    nearly
    identical
    buildings
    were
    constructed so
    as
    to stand
    some
    six
    feet
    apart,
    allowing
    only
    narrow
    passageways
    between
    buildings
    on
    either
    side
    of
    complainant’s own
    building, with
    small
    open
    yards
    at the
    rear
    of
    each.
    2.
    In
    response
    to complainant’s
    initial
    pleadings
    herein,
    Respondents
    filed
    separate
    Motions
    to
    Dismiss
    which
    were
    filed
    on
    or
    about
    August,
    2008,
    asserting
    that
    the
    noise
    making
    devices
    identified
    by
    complainant,
    viz
    wind
    chimes, have
    been
    removed
    from
    both
    of their

    respective properties
    more
    than one
    year
    ago, facts which
    are readily
    admitted
    by complainant;
    further,
    both respondents
    have advised
    their attorney that
    they
    do not
    intend nor will either
    of
    them
    ever install similar
    devices on their
    respective
    properties, front or
    back, in the future,
    and
    this fact has been
    made known
    to
    the
    complainant
    at Status
    conferences
    held
    herein
    by Bradley
    P. Halloran, Hearing
    Officer, with
    an offer
    by
    respondents
    through
    their attorney
    to
    enter
    into
    an
    agreed order
    to
    memorialize
    this
    agreement
    to
    preserve the
    status quo between
    the parties hereto
    and purchase peace.
    3.
    In spite
    of these voluntary
    efforts
    on the
    part of respondents
    to
    ameliorate
    this
    situation, complainant
    has now filed
    a
    RESPONSE
    to
    the
    Motion
    to
    Dismiss,
    introducing
    for the
    first time new extraneous
    matters,
    which are not referable
    to
    noise
    pollution,
    basing
    these
    matters
    on unsubstantiated hearsay
    statements
    which
    are
    unsupported,
    irrelevant
    and immaterial, with
    still
    no
    mention
    of noise standards purportedly
    violated.
    4.
    Title VI, Noise 415
    ILCS
    Section
    24,
    provides
    that “...no person
    shall emit
    noise
    that
    unreasonably
    interferes
    so
    as to
    violate
    regulations or standards
    adopted
    by the Board;”
    while
    Section
    24
    also provides that
    “[T]he Board
    may
    adopt
    regulations,
    limitations,
    prescribe
    requirements,
    prescribe
    maximum
    permissible
    limits...” and, Sections
    30-3 1
    prescribe
    .detailed
    explanation of
    violations alleged...”
    3
    1(a)(1)B, and
    C
    “actions
    that may resolve...;”
    and
    furthermore, Section
    42
    provides
    mitigation,
    duration
    and
    gravity considerations
    combined
    with
    “due diligence,”
    considerations in
    such enforcement
    proceedings
    which
    we
    submit
    have
    been
    met
    in this case
    by
    the respondents
    who
    have
    - and
    this is not in issue,
    complainant freely
    admits
    this - by voluntarily
    removing the
    noise making
    devices,
    viz
    wind chimes, they
    have
    both
    mitigated
    the
    noise
    pollution
    by voluntary
    removal of the
    offending devices,
    and have
    been
    therefore
    duly
    diligent.
    5.
    Please keep
    in mind that
    the subject neighborhood
    in question where the
    three
    individual
    property owners reside,
    is
    a
    reasonably
    quiet,
    residential
    area,
    about
    a
    block
    from
    a
    busy
    thoroughfare,
    with
    Chicago Fire
    Department
    nearby
    and
    the usual
    ambulances, police
    and
    other
    emergency equipment
    moving
    up and down
    the nearby streets
    at
    all hours
    of the day
    and

    night,
    and with
    a
    playlot
    public
    park
    directly
    across
    the
    narrow
    Street fronting
    the three
    properties
    where
    children
    of
    different
    ages
    are
    in
    evidence
    a
    good
    part
    of the
    day,
    with
    apartment
    buildings
    lining
    either
    side
    of
    the Street
    on
    narrow
    lots with
    automobiles
    parked
    on either
    side,
    and
    with
    residents
    coming
    and
    going
    at
    all
    hours
    of
    the
    day
    and
    night,
    this
    is
    anything
    but
    a
    completely
    quiet,
    sleepy
    area
    by
    any
    stretch
    of the
    imagination.
    6.
    Complainant
    would
    now,
    in her
    Response
    introduce
    for
    the
    first
    time
    extraneous
    and
    irrelevant
    matters,
    having
    no connection
    with
    the respondents,
    and
    is asking
    the Board
    to
    now
    consider
    “dog
    feces
    and
    assorted
    garbage”
    being
    tossed
    into
    her
    yard, tree
    branches
    and
    the
    like,
    unexpected
    telephone
    calls
    and
    graffiti
    mysteriously
    appearing,
    all
    of which
    the
    respondents,
    and
    each of
    them,
    denies
    having
    any involvement
    with,
    and
    categorically deny
    that
    they
    would
    ever
    institute,
    initiate
    or
    in anyway
    contribute
    to
    such goings
    on
    or
    occurrences
    which
    they
    abhor
    personally,
    and
    which
    as
    law abiding
    citizens
    would
    never
    condone
    and
    would
    jointly
    seek
    to
    prevent
    if
    it were
    within
    their power.
    7.
    We take
    notice
    of
    the
    fact
    that
    the Board
    has
    numerous
    meetings
    on
    momentous
    matters
    involving
    commerce
    and
    industry
    operating
    on
    a large
    scale,
    and
    this
    matter
    while
    minor
    in the
    grand
    scheme
    of things,
    is
    very
    important
    to
    the
    respondents,
    as well
    as the
    complainant,
    and
    should
    be
    resolved
    expeditiously
    on
    the pleadings.
    8.
    Frankly,
    neither
    respondent
    can
    afford
    to conduct
    this new
    “fishing
    expedition”
    proffered
    by the
    complainant,
    although
    as neighbors,
    they
    too
    are
    concerned
    about
    the
    conduct
    of
    the
    neighborhood,
    do
    not wish
    to
    have refuse
    deposited
    in their
    own
    yards,
    excessive
    noise
    or
    the like
    interfering
    with
    neighborhood
    peace
    and
    quiet,
    and
    both
    would
    simply
    like
    to
    go on
    existing
    as law
    abiding
    members
    of
    the
    community,
    without
    undue
    interference
    from
    neighboring
    properties
    or
    their
    immediate
    neighbors,
    including
    the
    complainant,
    or
    anybody
    else.
    9.
    The
    chimes
    are down
    now
    and
    will
    stay down;
    both
    homeowner
    respondents
    go to
    work
    each
    day,
    Karen
    Sokolowski
    leaves
    between
    6:30
    and
    6:45
    a.m.
    each
    day
    and
    returns
    at 7:30
    - 8:00 p.m.,
    seven
    days
    a week,
    Mr.
    Jimenez
    similarly
    works
    long hours,
    and
    everyone
    wants
    this
    matter
    over
    with,
    concluded
    and resolved,
    so
    that they
    can
    go on
    with
    their
    lives.

    WHEREFORE,
    based on the foregoing,
    respondents
    renew their request
    to
    expedite
    these
    proceedings and respectfully
    requests
    that the Board dismiss
    these
    proceedings,
    with prejudice.
    Respectfully submitted,
    Attorney for
    Respondents
    James
    M. Knox
    Attorney for
    Respondents
    Chestnut
    Tower
    121 W.
    Chestnut,
    #3104
    Chicago,
    Illinois 60610
    312/587-1356

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