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CITY OF CHICAGO v. ILL. COMMERCE COMM.

No. 78-1056.

70 Ill. App.3d 655 (1979)

388 N.E.2d 1084

THE CITY OF CHICAGO, Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellants.

Appellate Court of Illinois — First District (1st Division).

Opinion filed April 9, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Hercules F. Bolos, Special Assistant Attorney General, and Mary C. Ubatuba, Assistant Attorney General, of counsel), for appellants.

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale, Edmund Hatfield, and Bernard Rane, Assistant Corporation Counsel, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE GOLDBERG delivered the opinion of the court:

The City of Chicago filed a complaint for declaratory judgment against the Illinois Commerce Commission and the commissioners thereof (defendants). The city raised the issue of legal validity of Rule 606 of General Order 138 promulgated by the commission. The theory of the complaint is that the defendants were without jurisdiction and lacked legal authority to require...

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