ILA M. NEATHERY and DENISE C. FLECK v.
GREG and KAREN BOUILLON d/b/a THIRSTY’S
The Board found that the alleged violations in the complaint were neither duplicitous nor frivolous, denied respondents’ motion to dismiss, and accepted for hearing this matter involving a Sangamon County facility.
both as an answer to the complaint and a motion to dismiss the complaint as frivolous.
BLT Specialty Resins v. IEPA, PCB 95-98 (April 20, 1995). A complaint is frivolous if it fails
to state a cause of action upon which the Board can grant relief. Section 31(d) of the Environmental ProtectionAct (415 ILCS 5/31(d) (2000)) allows any person to file a complaint with the Board. Adm.Code 103.212(a). The motion to dismiss is denied.
Allowed
wilsonb
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