NAT'L BLVD. BK. v. CITIZENS UTILITIES CO.

No. 81-1607.

107 Ill. App.3d 992 (1982)

438 N.E.2d 471

NATIONAL BOULEVARD BANK OF CHICAGO, Trustee, et al., Plaintiffs-Appellants, v. CITIZENS UTILITIES CO. OF ILLINOIS, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied August 5, 1982.


Attorney(s) appearing for the Case

Edward G. Finnegan, Ltd., of Chicago, for appellants.

Daniel J. Kucera and Christine Hehmeyer Rosso, both of Chapman and Cutler, of Chicago, for appellee.


Judgment reversed.

JUSTICE ROMITI delivered the opinion of the court:

Plaintiffs initially objected to being charged sewage rates by the defendant and went before the Illinois Commerce Commission. That body determined that its decision depended on the ownership of certain sewer mains; an issue it had no jurisdiction to decide. Accordingly, this declaratory judgment action was filed in the Chancery Division...

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