PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
INDIAN CREEK DEVELOPMENT COMPANY, )
an Illinois Partnership, Individually as
)
beneficiary under trust 3291 of the Chicago
)
Title and Trust Company dated December 15, )
1981 and the Chicago Title and Trust Company, )
as trustee under trust 3291, dated December
)
15, 1981
)
)
Complainant,
)
)
vs.
)
PCB- 07-44
)
Citizen's Enforcement
The BURLINGTON NORTHERN SANTA FE
)
§21(e), §12(a), §12(d)
RAILWAY COMPANY, a Delaware Corporation )
)
Respondents.
)
NOTICE OF FILING AND PROOF OF SERVICE
TO: Robert M. Barratta Jr.
Bradley P. Halloran
Freeborn & Peters, LLP
Hearing Officer
bbaratta@freebornpeters.com
Illinois Pollution Control Board
hallorab@ipcb.state.il.us
Stewart A. Petersen
Jeffery Cherif
stuart@stulaw.com
President and Partner,
Indian Creek Development Company
jcherif@jbind.com
PLEASE TAKE NOTICE
that on November 17, 2009, the attached document,
Motion for Leave to withdraw as Counsel, was filed with the Clerk of the Pollution
Control Board and is hereby served upon the person(s) referenced above by email on
or before 4:00 p.m. on the 17
th
day of November, 2009 at the email addresses above.
/s/
Glenn
GLENN C. SECHE
C.
N
Sechen
Electronic Filing - Received, Clerk's Office, November 17, 2009
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
INDIAN CREEK DEVELOPMENT COMPANY,
)
an Illinois partnership, individually as beneficiary
)
under trust 3291 of the Chicago Title and Trust
)
Company dated December 15, 1981 and the Chicago )
Title and Trust Company as trustee under trust 3291, )
dated December 15, 1981,
)
PCB- 07-44
)
Citizen’s Enforcement
Complainant,
)
§21(e), §12(a), §12(d)
)
vs.
)
)
THE BURLINGTON NORTHERN AND SANTA FE
)
RAILWAY COMPANY, a Delaware Corporation,
)
)
Respondent.
)
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
The Movant, Glenn C. Sechen (“Counsel”) hereby files his Motion for Leave
Withdraw As Counsel on behalf of Complainant, Indian Creek Development Company,
and the Chicago Title and Trust Company as trustee under trust 3291, dated December
15, 1981, (collectively “Indian Creek”). In support thereof, Counsel states as follows:
1.
Counsel filed this matter before the Board while a member of another law
firm and thereafter represented Indian Creek, including as of-counsel to said law
firm. Counsel has since resigned his of-counsel relationship necessitating that,
ultimately, Indian Creek and Counsel enter into a written agreement regarding
further representation.
2.
Indian Creek has rejected the written terms of further representation
advanced by Glenn C. Sechen and has indicated that Mr. Sechen must either
accept its terms or withdraw as one of its attorneys.
Electronic Filing - Received, Clerk's Office, November 17, 2009
2
PRINTED ON RECYCLED PAPER
3.
Indian Creek’s terms render further representation by Mr. Sechen
unreasonably difficult or impossible to carry out his representation effectively.
Accordingly, Glenn C. Sechen moves to withdraw as counsel for Indian Creek.
4.
Indian Creek is also represented by Stuart Petersen in this matter and,
therefore, no substantial delay will result.
5.
Counsel has commuted with both Mr. Petersen and Indian Creek
corporate officials regarding this motion.
WHEREFORE, for the foregoing reasons, moving Counsel hereby respectfully requests
that the Board grant him leave to withdraw his Appearance in this matter.
Respectfully submitted,
Glenn C. Sechen
/s/
Glenn
GLENN C.
C.
SECHE
Sechen
N
Glenn C. Sechen
13909 Laque Drive
Cedar Lake, In. 46303
312-550-0200
M Withdraw FNL.doc
Electronic Filing - Received, Clerk's Office, November 17, 2009