BEFORE THE ILLINOS POLLUTION CONTROL BOARD
In the Matter of:
)
)
FAIRMONT PARK, INC.,
)
a Delaware Corporation,
)
)
Cross-Claimant,
)
)
v.
)
PCB 2008-030
)
ERMA I. SEIBER, Administratrix of the
)
Estate of James A. Seiber, Deceased, and
)
ERMA I. SEIBER, in Her Individual
)
Capacity,
)
)
Cross-Defendent.
)
ANSWER TO COUNTERCLAIM
Now comes the Cross-Defendant, Erma I. Seiber, Administratrix of the Estate of James
A. Seiber, Deceased, and Erma I. Seiber, in Her Individual Capacity, and in response to the
Counterclaim filed by Fairmont Park, Inc. respectfully states as follows:
1. The Cross-Defendant hereby denies all allegations contained in the Affirmative
Defenses and Answers filed by the Cross-Claimant in this cause of action.
2. The Cross-Defendant admits the allegations contained in paragraph 2.
3. The Cross-Defendant denies the allegations contained in paragraph 3.
4. The Cross-Defendant denies the allegations contained in paragraph 4.
5. The Cross-Defendant denies the allegations contained in paragraph 5.
6. The Cross-Defendant denies the allegations contained in paragraph 6.
7. The Cross-Defendant denies the allegations contained in paragraph 7.
WHEREFORE, the Cross-Defendant prays that the relief sought by the Cross-Claimant
be denied and for such other and further relief as to the Court is just and equitable.
Electronic Filing - Received, Clerk's Office, February 3, 2009
ERMA I. SEIBER, Administratrix of
the Estate of James A. Seiber, Deceased,
and ERMA I. SEIBER, in Her Individual
Capacity,
By:
/s/ Donald W. Urban
DONALD W. URBAN#3125254
SPRAGUE & URBAN
Attorneys at Law
26 East Washington Street
Belleville, IL 62220
(618) 233-8383
(618) 233-5374 (fax)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was forwarded to
the below listed counsel by enclosing same in an envelope, with proper first class postage fully
prepaid and depositing said envelope in a United States mail box in Belleville, Illinois this 3
rd
day of February, 2009.
Mr. John P. Long
Attorney at Law
1002 E. Wesley Drive, Suite 100
O’Fallon, IL 62269
Ms. Penni S. Livingston
Attorney at Law
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
/s/ Donald W. Urban
Electronic Filing - Received, Clerk's Office, February 3, 2009
1
BEFORE THE ILLINOS POLLUTION CONTROL BOARD
In the Matter of:
)
)
FAIRMONT PARK, INC.,
)
a Delaware Corporation,
)
)
Cross-Claimant,
)
)
v.
)
PCB 2008-030
)
ERMA I. SEIBER, Administratrix of the
)
Estate of James A. Seiber, Deceased, and
)
ERMA I. SEIBER, in Her Individual
)
Capacity,
)
)
Cross-Defendent.
)
ANSWERS TO AFFIRMATIVE DEFENSES
Now comes Erma I. Seiber, Administratrix of the Estate of James A. Seiber, Deceased,
and Erma I. Seiber, in Her Individual Capacity, and in response to Affirmative Defenses filed by
Fairmont Park, Inc. respectfully responds as follows:
Defendant, Seiber, states that the First Affirmative Defense is directed at Caseyville Sport
Choice and not at Defendant, Seiber, and therefore makes no response.
Response to First Affirmative Defense
Defendant, Seiber, denies the Second Affirmative Defense and states that all activities
conducted by Defendant, Seiber, were done with the full knowledge and approval of Fairmont.
Response to Second Affirmative Defense
Defendant, Seiber, states that the Third Affirmative Defense is directed against the
Plaintiff only and makes no response.
Response to Third Affirmative Defense
2
Defendant, Seiber, states that the Fourth Affirmative Defense is directed at the Plaintiff
and not against Defendant, Seiber, but to the extent that the Affirmative Defense references
Defendant, Seiber, as “clearly the guilty party” respectfully denies the allegations contained
therein.
Response to Fourth Affirmative Defense
Defendant, Seiber, states that the Fifth Affirmative Defense is directed at the Plaintiff
alone and makes no response. To the extent that the Fifth Affirmative Defense does pertain to
Defendant, Seiber, she would join with Defendant, Fairmont, in stating that the Plaintiff has
unclean hands in either failing to perform due diligence through proper and prior environmental
assessment prior to purchase or by knowing the information is disclosed.
Response to Fifth Affirmative Defense
Defendant, Seiber, states that the Sixth Affirmative Defense pertains only to the Plaintiff
and therefore makes no response.
Response to Sixth Affirmative Defense
Defendant, Seiber, states that the Seventh Affirmative Defense pertains only to the
Plaintiff and therefore makes no response.
Response to Seventh Affirmative Defense
Defendant, Seiber, states that the Eighth Affirmative Defense pertains only to the
Plaintiff and therefore makes no response.
Response to Eighth Affirmative Defense
Defendant, Seiber, denies the allegations contained in the Ninth Affirmative Defense.
Response to Ninth Affirmative Defense
Defendant, Seiber, states that the Tenth Affirmative Defense pertains only to the Plaintiff
and therefore makes no response.
Response to Tenth Affirmative Defense
Defendant, Seiber, states that the Eleventh Affirmative Defense pertains only to the
Plaintiff and therefore makes no response.
Response to Eleventh Affirmative Defense
ERMA I. SEIBER, Administratrix of
the Estate of James A. Seiber, Deceased,
and ERMA I. SEIBER, in Her Individual
Capacity,
By:
/s/ Donald W. Urban
DONALD W. URBAN#3125254
SPRAGUE & URBAN
Attorneys at Law
26 East Washington Street
Belleville, IL 62220
(618) 233-8383
(618) 233-5374 (fax)
Electronic Filing - Received, Clerk's Office, February 3, 2009
4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was forwarded to
the below listed counsel by enclosing same in an envelope, with proper first class postage fully
prepaid and depositing said envelope in a United States mail box in Belleville, Illinois this 3
rd
day of February, 2009.
Mr. John P. Long
Attorney at Law
1002 E. Wesley Drive, Suite 100
O’Fallon, IL 62269
Ms. Penni S. Livingston
Attorney at Law
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
/s/ Donald W. Urban
BEFORE THE ILLINOS POLLUTION CONTROL BOARD
In the Matter of:
)
)
CASEYVILLE SPORT CHOICE, LLC,
)
an Illinois Limited Liability Company
)
)
Complainant,
)
)
v.
)
PCB 2008-030
)
ERMA I. SEIBER, Administratrix of the
)
Estate of James A. Seiber, Deceased, and
)
ERMA I. SEIBER, in Her Individual
)
Capacity and FAIRMONT PARK, INC.,
)
a Delaware Corporation,
)
)
Respondents.
)
ANSWER TO FIRST
AMENDED FORMAL COMPLAINT
Count I
Now comes the Respondent, Erma I. Seiber, Administratrix of the Estate of James A.
Seiber, Deceased, and ERMA I. SEIBER, in Her Individual Capacity, by and through her
attorneys, Sprague & Urban, and an Answer to Count I of the First Amended Complaint filed by
Caseyville Sport Choice, LLC, an Illinois Limited Liability Company, respectfully states as
follows:
1. The Respondent lacks sufficient knowledge to admit or deny the allegations
contained in paragraph and therefore denies same and demands strict proof of same.
2. The Respondent lacks sufficient knowledge to admit or deny the allegations
contained in paragraph and therefore denies same and demands strict proof of same.
3. The Respondent admits the allegations contained in paragraph 3.
Electronic Filing - Received, Clerk's Office, February 3, 2009
4. Respondent admits that they operated a business which hauled away from a nearby
race track large amounts of horse manure and that said manure placed on land in St.
Clair County. Respondent lacks sufficient knowledge to admit or deny whether
“municipal trash” was included in said disposal and demands strict proof of same.
5. The Respondent denies the allegations contained in paragraph 5 and by way of
affirmative defense states that the Respondent has previously complied with all
enforcement orders issued by the Illinois Pollution Control in regards to this site.
6. Respondent lacks sufficient knowledge to admit or deny the amount of horse manure
placed on site or the municipal trash and therefore denies same and demands strict
proof of same.
7. Respondent lacks sufficient knowledge to admit or deny the exact dates that the horse
manure was placed on the property but admits that all dumping ceased in conjunction
with the enforcement action of the Illinois Pollution Control Board (most likely in the
early 1990’s) and denies that the Complainant only became aware of these factors in
April 2005 in the course of developing the land.
8. Respondent lacks sufficient knowledge to either admit or deny the allegations
contained in paragraph 8 and therefore denies same and demands strict proof of same.
9. Respondent denies that the Complainant should receive the relief sought.
10. Respondent admits the allegations contained in paragraph 10.
11. Respondent admits the allegations contained in paragraph 11.
12. Respondent admits the allegations contained in paragraph 12.
Electronic Filing - Received, Clerk's Office, February 3, 2009
3
Now comes the Respondent Erma I. Seiber, Administratrix of the Estate of James A.
Seiber, Deceased, and ERMA I. SEIBER, in Her Individual Capacity, and represents that no
answer in filed in connection with Count II in that said count is directed against Fairmont Park,
Inc.
Count II
WHEREFORE, the Respondent would petition this board to deny the prayer for relief
sought by the Petitioners and for such other and further relief is just and equitable.
ERMA I. SEIBER, Administratrix of
the Estate of James A. Seiber, Deceased,
and ERMA I. SEIBER, in Her Individual
Capacity,
By:
/s/ Donald W. Urban
DONALD W. URBAN#3125254
SPRAGUE & URBAN
Attorneys at Law
26 East Washington Street
Belleville, IL 62220
(618) 233-8383
(618) 233-5374 (fax)
4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was forwarded to
the below listed counsel by enclosing same in an envelope, with proper first class postage fully
prepaid and depositing said envelope in a United States mail box in Belleville, Illinois this 3
rd
day of February, 2009.
Mr. John P. Long
Attorney at Law
1002 E. Wesley Drive, Suite 100
O’Fallon, IL 62269
Ms. Penni S. Livingston
Attorney at Law
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
/s/ Donald W. Urban