September 5, 1985ILLINOIS ENVIRONMENTAL ) PROTECTION AGENCY, ) Complainant,v.
) PCB 85-38
UECKETT and INTERLAKE, INC.,Respondents.
First, even assuming that the Agency has properly construed
and applied the Code of Civil Procedure, that is not binding onthe Board.
As the Agency
noted in its April 30, 1985, response to the motion to dismiss,“the bare allegations of the Motion do not provide a legal basisto sustain the Motion.” The Board has left open the possibilitythat when all of the facts are in the record one or more of theRespondents’ contentions may be sustained.
IT IS S...
Allowed
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