December 4, 1980ENVIRONMENTAL PROTECTION AGENCY, ) Complainant,v.
) PCB 78—50
NORTH SHORE SANITARY DISTRICT,Respondent.
Dissenting Statement (by J.
Anderson):
Since the Agency~sMotion to Dismiss was made after hearingshad commenced, and since the Agency stated that it did “not believeit (could sustain a prima facie case,” I disagree with the Board’sdecision to dismiss this case without prejudice.
In fairness to
the Respondent, the motion should either have been decided withthe case as a whole, or granted with prejudice (i.e.
without leave
to refile). ~anG.~nersonI, Christan L. Moffett, Clerk of the...
Allowed
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