B E F ORE T HE P OL L UT I ON CO NT ROL B OARD
OF THE STATE OF ILLINOIS
PRIME LOCATION PROPERTIES , LLC,
)
Pet i t i oner,
)
v .
)
PC B 09- 67
)
(LU S T Pe rm it A p p eal)
ILLINOIS ENVIRONMENTAL
)
P R OT E C T I ON AGE NC Y,
)
R esp o n d en t.
)
NOT I CE OF F I L I NG AND P ROOF OF S E RV I CE
To:
John T. Therriault , Acting Clerk Carol Webb
I l l i no i s Po l l uti on Co ntrol Board
H eari ng O ffi cer
100 W est Randolph Street
Illinois Pollution Control Board
State of Illinois Building, Suite 11-500
10 21 N orth G rand A venu e East
Chicago, IL 60601
P.O. Box 19274
Spr i ng f i e l d, I l l i noi s 62 794- 9274
T h o ma s D avis
A ssi st ant Att orn ey G eneral
50 0 S . Secon d S t reet
Spr i ng f i e l d, I L 62 706
PLEASE TAKE NOTICE that I have today electronically filed with the Office of the Clerk of
the Illinois Pollution Control Board, pursuant to Board Procedural Rule 101 . 302 (d) , a MOTION FOR
L EAVE TO FIL E R EPLY, a c opy of whic h is her e wi th se r v e d u pon the hea r ing of f ic e r a nd upon the
at t orn ey s of record i n this cause.
Th e un dersigned h ereby cert i fi es t hat a t rue an d co rrect cop y of t his No t i ce of Fi l i ng, t ogether
w i t h a cop y of t he d ocu men t descri bed abo ve, w ere t od ay serve d u po n the hearing offic er and cou nsel
o f re co rd o f all pa rties to this cau se b y en clo sin g sam e in en velo p es ad d re sse d to su ch atto rn eys an d to
said hearing officer with postage fully prepaid, and by depositing said envelopes in a U.S. Post Office
M ai l bo x in Sp ri ngfiel d, I l l i no i s on t
st
he 2 1 day of July , 200 9.
Respectfully submitted,
PRIME LOCATION PROPERTIES , LLC, Petitioner
B Y:
MOHAN, AL E WE L T , P R I L L AMAN & ADAM I
B Y:
/s/ Patrick D. Shaw
Patri ck D . Shaw
MOHAN, AL E WE L T , P R I L L AMAN & ADAM I
1 North Old Capitol Plaza , Suite 325
Spr i ng f i e l d, I L 62 701- 1323
Te l e phon e : 21 7/ 528- 2517
F a c s i mi l e : 21 7/ 528- 2553
Electronic Filing - Received, Clerk's Office, July 21, 2009
2
BEF ORE TH E P OLLUTI ON CO NTROL BO ARD
OF THE STATE OF ILLINOIS
P RI M E L OCAT I ON P ROP E RT I E S , L L C,
)
P etit ion er,
)
)
v.
)
PCB No. 09 - 67
)
(U S T A p p eal)
I L L I NOI S E NVI RONM E NT AL)
P ROT E CT I ON AGE NCY,
)
R esp o n d en t.
)
MOTION FOR LEAVE TO FILE REPLY
NOW COMES Prime Location Properties, LLC, by its undersigned counsel,
and moves the Board for leave to file a reply in this matter, stating as follows:
1.
On July 13, 2009, Petitioner filed a Reply Brief in this matter under the mistaken
apprehension that the briefing schedule in this matter contemplated filing a reply brief within
seven (7) days after the Agency’s response brief.
2.
While there is no procedural rule specifically on point, Section 101.500(e) of the
Board’s Procedural Rules states that a motion for leave to file a reply must be filed with the
Board within fourteen (14) days after the service of the response. 35 Ill.Admin.Code
§101.500(e) (motion practice).
3.
Accordingly Petitioner asks for leave to file the reply that has already been “filed”
with the Board. Petitioner submits that reply briefs in general serve worthwhile functions to
clarify issues and respond to arguments that the Petitioner did not have an opportunity to address
in the initial brief. It is Petitioner’s understanding that a reply brief was not scheduled in this
matter primarily due to the decision deadline in this case, August 6, 2009, which required the
briefing schedule be kept short. Contemporaneously with the filing of this Motion, Petitioner is
Electronic Filing - Received, Clerk's Office, July 21, 2009
3
filing a waiver of decision deadline to August 20, 2009.
4.
Petitioner believes it would suffer prejudice in this case if not allowed to file the
reply to the arguments raised in the Agency’s response brief.
WHEREFORE, Petitioner prays for an Order authorizing the filing of the Reply Brief
previously filed in this matter on July 13, 2009, and for such other and further relief as the Board
deems meet and just.
Respectfully submitted,
PRIME LOCATION PROPERTIES, LLC,
Petitioner,
BY: MOHAN, ALEWELT, PRILLAMAN & ADAMI,
s tiaottrneys
B Y:
/s/ Patrick D. Shaw
Patrick D. Shaw
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N. Old Capitol Plaza, Suite 325
Springfield, IL 62701
Tel: (217) 528-2517
Fax: (217) 528-2553
C:\Mapa\Prime Location Prop\Motion for Leave to File.wpd/crk 7/21/09 3:14 pm
Electronic Filing - Received, Clerk's Office, July 21, 2009