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Vogue Tyre & Rubber Co. v. Office of the State Fire Marshal

Case Date: 11/02/2004
Court: 1st District Appellate
Docket No: 1-03-0521 Rel

SECOND DIVISION
NOVEMBER 02, 2004
(Nunc pro tunc 9/28/04)



No. 1-03-0521

 
VOGUE TYRE AND RUBBER COMPANY,
an Illinois Corporation,

               Petitioner-Appellant,

          v.

OFFICE OF THE STATE FIRE MARSHAL
OF THE STATE OF ILLINOIS,

               Respondent-Appellee.

 )
)
)
)
)
)
)
)
)
)
)		 On Petition for
Review of an Order
of the Illinois
Pollution Control
Board


No. PCB 95-78


 

 

JUSTICE GARCIA delivered the opinion of the court.

Petitioner, Vogue Tyre & Rubber Company (Vogue), appealsfrom a decision of the Illinois Pollution Control Board (Board)granting summary judgment in favor of respondent, the Office ofthe State Fire Marshal (OSFM). Vogue argues summary judgment wasnot appropriate and that it is entitled to reimbursement from theleaking underground storage tank fund (UST fund). The OSFM fileda motion to dismiss the appeal, arguing this court lacksjurisdiction because Vogue failed to name the Board in itspetition for direct review. We dismiss the appeal.

 

I. Background

Vogue manufactures and distributes custom-built, after-market tires for use on luxury automobiles. Prior to 1994, Voguealso owned a service station located at 4801 Golf Lake Road inSkokie, Illinois. Before May 15, 1986, the Golf Lake propertyhoused four underground storage tanks. Only tanks one and twoare at issue in this appeal.

Tanks one and two were installed in 1966 and were used tostore petroleum until 1985. On May 6, 1986, these tanks wereproperly registered with OSFM pursuant to the statute governingunderground storage tank registration, "An Act relating to theinvestigation and prevention of fire" (the Act) (Ill. Rev. Stat.,1985, ch. 127