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)
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
#6, with the Clerk of the Illinois Pollution
Control Board, a copy
of which is herewith served upon you.
Anthony
G. Hopp
Thomas
I. 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
#
6
Pursuant to the Hearing Officer's Order of March 23, 2009 and 35 Ill. Admin. Code ยง
10 1.61 0, Respondent, the United City of Yorkville, City Councii ("Yorkville"), by and through
its attorneys, moves the Hearing
Officer in limine to exclude from the hearing on this matter any
use
of meeting minutes, transcripts, or video recordings of twenty-seven different city council
meetings, or, in the alternative, require Fox Moraine to give, on or before April
16,2009, written
notice
of designations of the portions of the minutes, transcripts (date and line), and video (date
and time) that it intends to introduce so that Yorkville can properly prepare for the hearing. In
support
of its motion, Yorkville states the following:
1.
Conservatively estimating that each meeting from which the minutes, transcripts
and video recordings were made was only two hours long, Fox Moraine has designated minutes,
transcripts and video recordings from over fifty-four hours' worth
of hearings on its Exhibit List,
Nos. 12-14. Yorkville believes that Fox Moraine intends to use mere snippets
of these many
hours
of footage and pages of transcripts to inaccurately portray the hearings, and Yorkville
requests that Fox Moraine be forbidden from doing so.
Electronic Filing - Received, Clerk's Office, April 6, 2009
2.
If Fox Moraine is permitted to introduce portions of the minutes, transcripts
and/or video recordings at the hearing (assuming it can establish the proper evidentiary
prerequisites
), Yorkville will, for fairness, need to introduce surrounding portions of the minutes,
transcripts and/or video recordings to provide context. Yorkville will be unduly prejudiced and
the hearjng
of this case will be needlessly prolonged unless Fox Moraine is required to give
advance notice
of the portions of these minutes, transcripts and/or video recordings that it intends
to introduce at the hearing. Due to the numerous hours
of minutes, transcripts and/or video
recordings,
if Fox Moraine does not advise Yorkville in advance which portions it intends to
offer, Yorkville will be unable to determine in advance which other portions
of this mass of
minutes, transcripts and/or video recordings Yorkville needs to offer into evidence. Fox Moraine
should not be permitted to surprise Yorkville, and thus gain an unfair advantage, by hiding which
portions
of this massive amount of minutes, transcripts and/or video recordings Fox Moraine will
seek
to introduce.
3.
Requiring Fox Moraine to provide at least advance designations for the minutes,
transcripts and/or video recordings will promote the orderly presentation
of evidence at the
hearing.
Yorkville will know the specific portions
of minutes, transcripts and/or video
recordings that Fox Moraine intends to introduce and will be able to prepare in advance its own
designations
"which ought in fairness to be considered in connection with" Fox Moraine's
portions.
See, e.g.,
Ill.
S. Ct. Rule 212(c) (allowing opposing party to offer portions that should
fairly
be considered along with the first party's designations). If Yorkville is able to formulate
and present its objections to such minutes, transcripts and/or video recordings in advance, the
hearing will proceed more quickly and efficiently.
-2-
Electronic Filing - Received, Clerk's Office, April 6, 2009
WHEREFORE. Yorkville respectfully requests that the Hearing Officer forbid Fox
Moraine from introducing the minutes, transcripts or video recordings of the council meetings
designated in Fox Moraine's Exhibit List Nos. 12-14. In the alternative, Yorkville respectfully
requests that the Hearing
Officer require Fox Moraine to give, on or before April 16, 2009,
written notice of the portions of the minutes, transcripts (date and line), and videos (date and
time) that it intends to introduce.
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=e=o~P~.~D~o=m==br~o~w~s~ki
One of Its Attorneys
-3-
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
#6, 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.C.
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
chelstcn@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.kendal1.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