1. PROOF OF SERVICE
      2. SERVICE LIST
      3. EXHIBIT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILLINOIS,
INC.~dKENDALLCOUNTYLAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD OF KENDALL
COUNTY, ILLINOIS,
Respondent
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)
)
)
)
)
)
)
)
)
)
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PCB 09-43
(Pollution
Control Board Facility Siting
Appeal)
NOTICE OF FILING
To: All Counsel of Record, See Attached Service List
PLEASE TAKE NOTICE that the undersigned has, on this 2nd day of February, 2009,
caused to be filed with the Clerk of the Illinois Pollution Control Board, via electronic filing, the
attached
Motion for Extension of Time to File Motions Attacking Sufficiency of Petition
on
behalf
of the County Board of Kendall County, Illinois, a copy of which is herewith served on
you.
James F. McCluskey (ARDC No. 3124754)
James
S. Harkness (ARDC No. 6237256)
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
jfmcc1uskey@momlaw.com
jharkness@momlaw.com
W:\26_59\4587.080523\P\eadings\NOF-\.30.09.doc
Respectfully submitted,
County Board
of Kendall County, Illinois
By:
IslJames
S. Harkness
PROOF OF SERVICE
Under penalties as provided by law, pursuant to Section 1-109 of the Code of Civil
Procedure, Sabrina Sanders, the undersigned non-attorney certifies that she served a true and
correct copy
of the foregoing Notice of Filing and Uncontested Motion for Extension of Time to
File Motions Attacking Sufficiency
of Petition on behalf of Respondent County Board of
Kendall County, Illinois, by (1) e-mail transmission and (2) U.S. Mail to all respective addresses
as listed on the Service List from Lisle, Illinois 60532 on February 2,2009.
~~
Sabrina Sanders
James
F. McCluskey (ARDC 3124754) Gfmccluskey@momlaw.com)
James
S. Harkness (ARDC 6237256) Gharkuess@momlaw.com)
MOMKUS McCLUSKEY, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630)
434-0400
Fax: (630) 434-0444
Attorneys for Respondent
W:\26_59\4S87.080S23\Pleadings\PROOF OF SERVICE-2.2.09.doc
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILLINOIS,
INC. and KENDALL COlJNTY LAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD OF KENDALL
COUNTY, ILLINOIS,
Respondent
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PCB 09-43
(Pollution
Control Board Facility Siting
Appeal)
SERVICE LIST
Donald
J.
Moran
Pedersen & Houpt
161 North Clark Street, Suite 3100
Chicago,
IL
60601
312-261-2149
312-261-1149 - Fax
E-Mail: dmoran@pedersenhoupt.com
Bradley P. Halloran
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL
60601
E-mail: hallorab@ipcb.state.il.us
Eric C. Weis
Kendall County State's Attorney
807 West John Street
Yorkville,
IL 60560
E-mail: eweis@co.kendaILil.us
Rennetta Mickelson
Kendall County Clerk
111 Fox Street
Yorkville,
IL 60560
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILLINOIS, INC.)
and KENDALL COUNTY LAND AND
)
CATTLE,
LLC,
)
)
Petitioners,
)
)
vs.
)
)
COUNTY BOARD OF KENDALL COUNTY, )
ILLINOIS,
)
)
Respondent.
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PCB 09-43
(Pollution Control Board Facility
Siting Appeal)
UNCONTESTED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS
ATTACKING SUFFICIENCY OF PETITION
NOW COMES
Respondent, County Board of Kendall County, Illinois ("County
Board"),
by its attorneys MOMKUS McCLUSKEY, LLC, and as its Uncontested Motion
for Extension of Time to File Motions Attacking Sufficiency
of Petition, pursuant to 35 III.
Admin Code §101.522, states as follows:
1.
Section 101.506 of the Illinois Administrative Code states as follows:
All
motions to strike, dismiSS, or challenge the sufficiency of any
pleading filed with the Board must be filed within 30 days after the service
of the
challenged document, unless the Board determines that material
prejudice would result.
35111. Admin. Code §101.506.
2.
Section 101.522 of the Illinois Administrative Code states as follows:
The Board or hearing officer, for good cause shown on a motion
after notice to the opposite party, may extend the time for filing any
document or doing any act which
is required by these rules to be done
within a limited period, either before or after the expiration of time. 35
III.
Admin. Code §101.522.
3.
On December 24, 2008, Petitioners filed their
Petition for Hearing to
Contest
Site Location Denial
("Petition").
4.
On January 6, 2009, Respondents' counsel MOMKUS McCLUSKEY, LLC
filed its appearance.
5.
On January 6, 2009 the County Board of Kendall County convened and
terminated its prior
counsel. Thereafter, MOMKUS McCLUSKEY, LLC requested prior
counsel's file in order to begin preparation of the County Board's defense.
6.
MOMKUS McCLUSKEY, LLC did not receive the file until after the close
of business on January 19, 2009. The file was provided in an electronic format, which
required reproduction, sorting
and compiling. Due to the volume, this sorting and
compiling was not completed until January 29,2009.
7.
On January 22, 2009, there was held a telephonic status hearing in this
case wherein
counsel for Respondent stated that it questioned the sufficiency of the
Petition. At that time, Petitioners stated that they would be seeking discovery, to which
Respondent objected.
Petitioners then waived the one hundred twenty (120) day
statutory
deadline pursuant to 415 ILCS
5/40.1
(a), which they confirmed in writing on
January 26, 2009. Attached as Exhibit A is this waiver.
8.
Also during the January 22, 2009 telephonic hearing, Hearing Officer
Halloran
granted Respondent an extension of time to file copies of the certified record of
the
underlying proceedings by February 13, 2009. This record has not yet been certified
by the Clerk of Kendall County and, therefore, Respondent's counsel has not had
opportunity to view
it.
9.
Since the January 22, 2009 telephonic hearing, counsel for Respondent
attempted to arrange a conference with
Petitioners' counsel to discuss the sufficiency of
the
pleadings. This conference took place on January 29, 2009.
10.
During the January 29, 2009 conference among counsel, counsel for
Respondent requested that
Petitioners voluntarily amend their Petition to specify
allegations of fundamental unfairness and bias. Petitioners' counsel questioned the
ability to voluntarily amend the Petition without discovery.
2
Electronic Filing - Received, Clerk's Office, February 2, 2009
11.
There is good cause for extending the deadline by which Respondent can
file a motion attacking the sufficiency of the Petition, as it raised these concerns at the
January
22, 2009 hearing and spoke with Respondent's counsel about them. Therefore,
all parties are aware of this issue. Further, without having reviewed the certified record
of the
underlying proceedings and without having received the prior counsel's file,
Respondent's current counsel is disadvantaged in formulating its defenses to the
Petition.
12.
Finally, the Petitioners will not be prejudiced by this extension, as they
waived their statutory decision deadline. (Exhibit
A).
13.
On January 30, 2009, Respondent's counsel contacted Petitioners'
counsel regarding any objection to this motion. In a voicemail message of the same
day, Petitioners'
counsel stated that he has no objection.
WHEREFORE, Respondent, County Board
of Kendall County, Illinois,
respectfully
requests that it be granted an extension of time until two (2) weeks to file
motions attacking the sufficiency of Petitioners' Petition for Hearing to Contest Site
Location
Denial.
James F. McCluskey
James S. Harkness
Jennifer
L.
Friedland
MOMKUS McCLUSKEY, LLC
1001 Warrenville Road, Suite 500
Lisle,
IL 60532
(630) 434-0400
(630)
434-0444 FAX
Attorneys for Respondent
W;\26_59\4587.080523\Pleadings\IPCB\MotExtTime.doc
Respectfully submitted,
COUNTY BOARD OF KENDALL COUNTY
ILLINOIS
By: IslJames S. Harkness
3
PEDERSENillOUPT
lanuary 26, 2009
Mr. John Therriault
Assistant Clerk
lllinois
Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, lllinois 60601
~
(~(g,
Donald J. Moran
Attorney at
Law
3122612149
Fax 312261
1149
dmoran@pedersenhouptcom
Re:
Waste Management of Rlinois, Inc. and Kendall Land and Cattle, LLC
v. County Board of KendaU County
No.
PCB 09-043
Dear Clerk:
Please be advised that Waste Management of Illinois, Inc. hereby waives the statutory decision
deadline
in the above appeal to and including August 6, 2009.
DlMlvlk
cc::
Bradley P. Halloran
lames F. McCluskey
lames S. Harkness
Eric C. Weis
JAN 2 8 l009
EXHIBIT
494363.1
I
A
Suite3100 1161 North Clark Street 1 Chicago.IL60601-3242 I pedersenhouptcom 13126416888 I Fax3126416895

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