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ILLINOIS POLLUTION CONTROL BOARD
November 24, 2008
FOX MORAINE, L.L.C.,
Petitioner,
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
KENDALL COUNTY,
Intervenor.
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PCB 07-146
(Pollution Control Facility
Siting Appeal)
HEARING OFFICER ORDER
A telephonic status conference in the above-captioned matter was held on
November 13, 2008. The petitioner represented that Donald Hamman, a material
principal and owner of Fox Moraine, LLC, was unexpectedly scheduled for quadruple
bypass surgery for November 21, 2008. The petitioner orally made a motion to cancel
the hearing in this matter scheduled for December 16, 17 and 18, 2008. A briefing
schedule was established regarding petitioner’s oral motion to cancel the hearing. The
written motion to cancel and respondent’s response have been timely filed.
Motion To Cancel The Hearing
On November 13, 2008, petitioner filed its written motion to cancel the hearing
scheduled for December 16, 17 and 18, 2008. As represented orally at the earlier
telephonic status conference, Donald Hamman is the material principal and owner of Fox
Moraine, LLC. Petitioner represents that Hamman’s physicians advised that Hamman
must avoid all stressful activities for at least sixty days following the open-heart surgery.
Mot. at 1. Petitioner further represents that Hamman’s presence and participation in the
hearing is crucial and that petitioner will suffer material prejudice if the hearing is not
canceled. Id.
In the motion, petitioner states that if the hearing is canceled, it will file an
additional waiver of the statutory decision deadline, to and including August 6, 2008.
Mot. at 2.
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On November 20, 2008, the petitioner filed a letter from Hamman’s primary care
physician confirming Hamman’s surgery on November 21, 2008, and requesting that
Hamman refrain from any stress for the next 90 days to facilitate his recovery.
Response
On November 20, 2008, the respondent filed its response to petitioner’s motion to
cancel the scheduled hearing. Respondent represents that based on the physician’s letter
confirming the status of Hamman’s surgery and health, it has no objections to canceling
the hearing. Respondent dies request that upon Hamman’s post-operative rest, that an
aggressive schedule for discovery completion and a hearing be established. Resp. at 1-2.
Ruling
The hearing scheduled for December 16, 17 and 18, 2008, in the above-captioned
matter is hereby cancelled. The respondent has no objection and the petitioner
demonstrated that its request to cancel the hearing is not the result of its lack of due
diligence.
See
Section 101.510 of the Board’s procedural rules.
As represented by the petitioner in its motion, it is directed to file a waiver of the
statutory decision deadline to and including August 6, 2009.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on January 22, 2009, at 2:00 p.m. The
telephonic conference must be initiated by the petitioner, but each party is nonetheless
responsible for its own appearance. The petitioner represented that the conference call-in
number will be the same as on November 13, 2008. At the conference the parties must
be prepared to discuss the status of the above-captioned matter and their readiness for
hearing.
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order was mailed, first class,
on November 24, 2008 to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on November 24, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
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y Attorney
Road
PCB 2007-146
Derke J. Price
Ancel, Glink, Diamond, Bush & Krafthefer, P.C.
140 South Dearborn Street
Sixth Floor
Chicago, IL 60603
PCB 2007-14
Charles F. Helste
Hinshaw & Culbertso
100 Park Avenu
P.O. Box 138
Rockford, IL 61105-138
PCB 2007-146
Jeffery D. Jeep, Esq.
Jeep & Blazer, L.L.C.
24 Niorth Hillside Avenue
Suite A
Hillside, IL 60162
PCB 2007-14
Leo P. Dombrowsk
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
Anthony G. Hopp
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Suite 3000
Chicago, IL 60606-1229
PCB 2007-14
Thomas I. Matya
Wildman, Harrold, Allen & Dixo
225 West Wacker Driv
Suite 300
Chicago, IL 60606-122
PCB 2007-146
James B. Harvey
Buck, Hutchison & Ruttle
2455 Glenwood Avenue
Joliet, IL 60435
PCB 2007-14
George Muelle
Mueller Anderson, P.C
609 Etna Roa
Ottawa, IL 6135
PCB 2007-146
Ms Valierie Burd, Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
PCB 2007-14
Michael Roth, Interim Cit
City of Yorkville
800 Game Farm
Yorkville, IL 60560
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PCB 2007-146
Eric C. Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, IL 60560
PCB 2007-14
James Knippe
Walsh Knippen Kinght & Pollic
2150 Manchester Roa
Suite 20
Wheaton, IL 60187-247
