1. NOTICE OF FILING
      2. PROOF OF SERVICE
      3. POST-HEARING BRIEF OF INTERVENOR, KENDALL COUNTY
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE,
LLC,
)
)
Petitioner
)
)
v.
)
)
UNITED CITY OF YORKVILLE, CITY
)
COUNCIL,
)
)
Respondent
)
)
PCB 07-146
(Pollution
Control Board Facility
Siting
Appeal)
NOTICE OF FILING
To: See Attached Service List
PLEASE TAKE NOTICE that the undersigned has, on this 1
i
h
day of July, 2009,
caused to be filed with the Clerk of the Illinois Pollution Control Board, via electronic
filing, the attached
Post-Hearing Brief on behalf of Intervenor, Kendall County, Illinois, a
copy
of which is attached hereto
-James F. McCluskey
James
S. Harkness
Jennifer
L. Friedland
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
Attorneys for Intervenor, Kendall County
W:126_59\4587.090013\Pleadings\NOF-Post Hearing Brief.doc
Respectfully submitted,
Kendall County, Illinois
By:
/s/J ames
S. Harkness
Electronic Filing - Received, Clerk's Office, July 17, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX MORAINE, LLC,
Petitioner
v.
UNITED CITY
OF YORKVILLE, CITY
COUNCIL,
Respondent
)
)
)
PCB 07-146
)
)
(Pollution Control Board Facility
)
Siting
)
Appeal)
)
)
)
)
SERVICE LIST
For Petitioner
George Mueller
Mueller Anderson, P.C.
609 Etna Road
Ottawa, IL 61350
Tel: (815) 431-1500
Fax: (815) 431-1501
E-mail: george@muelleranderson.com
Charles F. Helsten
Richard Porter
Hinshaw & Culbertson, LLP
100 Park Avenue
Rockford,
IL 61101
Tel: (815) 490-4900
Fax: (815) 490-4901
Email: chelsten@hinshawlaw.com
rporter@hinshawlaw.com
For Friends of Greater Yorkville
James Knippen
Walsh Knippen Knight & Pollick
2150 Manchester Road
Suite
200
Wheaton, IL 60187-2476
For Village of Plainfield
James Harvey
Buck, Hutchison & Ruffle
2455 Glenwood Avenue
Joliet, Illinois 60435
T: (815) 729-4800
jim@mckeownlawfirm.com
For Respondent
Anthony G. Hopp
Thomas I. Matyas
Leo P. Dombrowski
Wildman, Harrold, Allen & Dixon, LLP
225 West Wacker Drive, 30
th
Floor
Chicago, IL 60606
Tel: (312) 201-2000
Gen Fax: (312) 201-2555
Fax: (312) 416-4751 (A.Hopp)
E-mail: hopp@wildman.com
matyas@wildman.com
dombrowski@wildman.com
Hearing Officer
Bradley P. Halloran
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Email: hallorab@jpcb.state.il.us
Eric C. Weis
Kendall County State's Attorney
807
West John Street
Yorkville,IL 60560
Email: eweis@co.kendall.il.us
Electronic Filing - Received, Clerk's Office, July 17, 2009
PROOF OF SERVICE
Under penalties as provided by law, pursuant to Section 1-109 of the Code of
Civil Procedure, Jessica Tosh, the undersigned non-attorney certifies that she served a
true and correct copy
of the foregoing Notice of Filing and Post-Hearing Brief on behalf
of Intervenor, Kendall County, Illinois on the Hearing Officer and all Counsel of Record
via e-mail transmission on July 17,2009,prior to
5:00 p.m.
James
F. McCluskey
James
S. Harkness
Jennifer
L.
Friedland
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
Attorneys for Intervenor, Kendall County
W:\26 _59\4S87.0900J3\PJeadings\NOF-Post Hearing Briefdoc
lsi
Sabrina Sanders
Sabrina Sanders
Electronic Filing - Received, Clerk's Office, July 17, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX
MORAINE, LLC,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Petitioner
v.
PCB 07-146
(Pollution Control Board Facility Siting
Appeal)
UNITED CITY
OF YORKVILLE, CITY
COUNCIL,
Respondent
KENDALL COUNTY,
Intervenor.
POST-HEARING BRIEF OF INTERVENOR, KENDALL COUNTY
NOW COMES
Intervenor, KENDALL COUNTY, by and through its attorneys
MOMKUS McCLUSKEY, LLC, and as and for its Post-Hearing Brief, states as follows:
1.
Intervenor Kendall County adopts and incorporates herein Section III,
Subsections E and F
of the Post-Hearing Brief of Respondent, The United City of Yorkville.
2.
Intervenor Kendall County also adopts and incorporates herein the Stipulation
entered into by Fox Moraine, LLC and Intervenor Kendall County on April 21,
2009 in the
matter
of PCB No. 07-146, which, in summary, states that evidence related to Kendall County is
limited to that in the record
of the underlying proceedings conducted pursuant to 415 ILCS
5/39.2, et. seq.,
and any written submissions following the 415 ILCS 5/40.1,
et. seq.
hearing.
The Stipulation is attached hereto and incorporated herein as Exhibit
A.
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 Intervenor, Kendall County
W:\26_59\4587.0900 J3IPJeadingsIPoSI.Hearing Briefdoc
Respectfully submitted,
KENDALL COUNTY,
By:
lsi
James S. Harkness
James
S. Harkness
2
Electronic Filing - Received, Clerk's Office, July 17, 2009
EXHIBIT A
Electronic Filing - Received, Clerk's Office, July 17, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FOX
MORAINE~
LLC,
P~tjoner.
v.
UNITED CITY OF YORKVILLE, CITY
COUNCIL,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. PCB 07-146
STIPULATION BETWEEN FOX MORAINE. LLC AND THE COUNTY OF KENDALL
It is hereby stipulated and agreed, by and between FOX MORAINE, LLC and the
COUNTY OF KENDALL, ILLINOIS, through their respective attorneys, as follows:
Although the discovery process in the above-captioned matter has revealed
some contacts
between the former Kendall County envirorunental attorneys, Jeep
&
Blazer,and United City of
Yorkville officials regarding Fox Moraine LLC's landfill siting application that were outside of
the landfill siting hearing process, the discovery process has not revealed any violations of
principles of fundamental fairness by any KendaB County officials.
Accordingly, the parties hereto stipulate and agree that said contacts will not be th.e
subject of examination nor submitted into evidence at or in the 415 ILCS 5/40.1
~
et seq.,
hearing
to be conducted in this matter. The parties hereto further stipulate and agree that any evidence
that
will be submitted during the 415 ILCS 5/40.1,
et seq.,
proceeding regarding the County of
Kendall's evidence, witnesses, exhibits, and submissions entered during the 415 ILCS 5/39.2,
et
seq.,
proceedings shaH be limited to written submissions following Section 40.1 hearing, and to
evidence submitted during the underlying Section 39.2 proceeding, and any Section 40.1
discovery proceedings, and that the County of Kendall and its witnesses need not appear at,
attend,
or produce any evidence at the Section 40.1 hearing scheduled to commence Tuesday,
April
21,2009.
Error! Unknown document properlY name.
Electronic Filing - Received, Clerk's Office, July 17, 2009
Signed:
. ..
Helsten
--...",. .. e of Their Attorneys
2
Error! Unknown doc"mqt property namt

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