ROSS v. CITY OF GENEVA

No. 75-280.

43 Ill. App.3d 976 (1976)

357 N.E.2d 829

R. HERBERT ROSS, Individually and as Representative of a Class, Plaintiff-Appellant, Cross-Appellee, v. THE CITY OF GENEVA, Defendant-Appellee, Cross-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed November 30, 1976.


Attorney(s) appearing for the Case

T.M. Reuland, Charles F. Thompson, Jr., and William C. Murphy, all of Reid, Ochsenschlager, Murphy & Hupp, of Aurora, for appellant.

Bruce R. Johnson, of Wheaton, and Ancel, Glink, Diamond & Murphy, of Chicago, for appellee.


Affirmed in part, and reversed in part and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

From 1960 to June 1973, there was in effect in the City of Geneva an ordinance under which the plaintiff and other commercial users of electricity (produced by Geneva in its capacity as a public utility) were charged an additional fee of 10% above the price of the kilowatt hours of electricity used. The money thus collected was designated...

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