LYNN ERICKSON v. CHARLESTON CLASSIC HOMES, INC., and LAWRENCE E. VAN SOMEREN, JR
The Board found that the alleged violations in the complaint were neither duplicative nor frivolous, denied respondents’ motion to dismiss, and accepted for hearing this matter involving a DuPage County facility.
Erickson complains specifically that since mid-July 2003, from
7:00 a.m.
to 5:00 p.m. every day except Sundays, “[t]here is constant bulldozing, hammering,
pounding and excessive banging” approximately six feet from her home. See 35 Ill. Adm. Code103.204(c), (f). Section 31(d) of the Act provides that “[u]nless the Board determines that [the]complaint is duplicative or frivolous, it shall schedule a hearing.” 415 ILCS 5/31(d) (2002); seealso 35 Ill. These provisions constitute the nuisance noise prohibition ...
Allowed
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