1. ILLINOIS POLLUTION CONTROL BOARD
      2. YORKVILLE'S MOTION IN LIMINE # 7
      3. CERTIFICATE OF SERVICE
      4. SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC
)
)
Petitioner,
)
)
~
)
)
)
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 April 6,
2009, Leo P. Dombrowski, one of the
attorneys for Respondent, United City
of Yorkville, filed via electronic filing the attached
United City
of Yorkville's
Motion
in
Limine
#7, with the Clerk of the Illinois Pollution
Control Board, a copy
of which is herewith served upon you.
Anthony
G. Hopp
Thomas
1.
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
Respectfully submitted,
UNITED
CITY OF YORKVILLE
By:
lsi
Leo P. Dombrowski
One of their Attorneys
Electronic Filing - Received, Clerk's Office, April 6, 2009
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 MOTION IN LIMINE # 7
Pursuant to the Hearing Officer's Order of March 23, 2009 and 35 Ill. Admin. Code ยง
10 1.610, Respondent, the United City of Yorkville, City Council ("Yorkville"), by and through its
attorneys, moves the Hearing
Officer in limine to exclude from the hearing on this matter any use of
the pleadings Fox Moraine has identified in its Exhibit List Nos. 15-19. In support of its motion,
Yorkville states the following:
1.
Fox Moraine has listed as exhibits all pleadings from two other Pollution Control
Board cases and three lawsuits. Four
of these five matters involve Yorkville as one party and Fox
Moraine or entities affiliated with Fox Moraine or Fox Moraine's principals as the other party.
Yorkville
is not even a party in the other matter:
PCB 08-95,
City o/Yorkville
v.
IEPA and Hamman Farms
(Fox Moraine mistakenly listed
this
as 07-95 in its Exhibit List), filed on June 4,2008;
PCB
08-96,
City o/Yorkville
v.
Hamman Farms,
filed on June 4, 2008;
Kendall County 2007-0V-43,
City o/Yorkville
v.
Hamman,
filed on September 5, 2007;
Kendall County 2008-L-68,
City o/Yorkville
v.
Fox Moraine, LLC,
filed on October 3,
2008; and
Kendall County 2008-CH-811,
State 0/ Illinois
v.
Hamman Farms,
filed on September 17,
2008.
Electronic Filing - Received, Clerk's Office, April 6, 2009
2.
In discovery and at the five depositions of Fox Moraine personnel, Yorkville
repeatedly asked Fox Moraine to produce all documents in support
of its appeal. The only
documents Fox Moraine has produced are approximately one hundred pages
of newspaper articles
and one e-mail. Nor has Fox Moraine supplemented its document production since its initial
response to Yorkville's document requests.
3.
The pleadings identified by Fox Moraine have no relevance to this appeal (nor has
Fox Moraine at any point in this proceeding attempted to establish
or at all hint at their relevance).
Yorkville held hearings on Fox Moraine's landfill application in March and April
2007 and voted
on the application
on May 24, 2007. All five proceedings identified by Fox Moraine were not even
initiated until well after the May 24,
2007 vote. Four of them were not even initiated until some
time in
2008.
WHEREFORE,
Yorkville respectfully requests that the Hearing Officer bar any use of the
pleadings Fox Moraine has identified in its Exhibit List Nos. 15-19.
Dated: April 6,
2009
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@wildman.com
dombrowski@wildman.com
Respectfully submitted,
UNITED
CITY OF YORKVILLE, CITY COUNCIL
By: ________
~/s=/_=L=eo~P~.=D~o=m=b=r=o~w~s~ki
One of Its Attorneys
-2-
Electronic Filing - Received, Clerk's Office, April 6, 2009
CERTIFICATE OF SERVICE
I, Susan Hardt, a non-attorney, certify that I caused a copy of the foregoing
Notice
of Filing
and United City
of Yorkville's
Motion in Limine
#7, 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 April 6,
2009.
/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, April 6, 2009
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.e.
609 Etna Road
Ottawa, Illinois 61350
george@muelleranderson.com
Charles He1sten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
chelsten@hinshawlaw.com
James
S. Harkness
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
jharkness@momlaw.com
Eric C. Weiss
Kendall County State's Attorney
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, April 6, 2009

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