COMMONWEALTH EDISON CO. v. ICC

No. 2-89-0101.

181 Ill. App.3d 1002 (1989)

538 N.E.2d 213

COMMONWEALTH EDISON COMPANY et al., Plaintiffs-Appellants, v. THE ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed May 1, 1989.


Attorney(s) appearing for the Case

Heidi A. Gerstman, of Hopkins & Sutter, of Chicago (Paul F. Hanzlik, of counsel), for appellant Commonwealth Edison Company.

Weil, Freiburg & Thomas, P.C., of Chicago (James P. Freiburg, of counsel), for appellant Charles T. Walneck.

Neil F. Hartigan, Attorney General, of Springfield, and Mark L. Goldstein, of Illinois Commerce Commission, of Chicago (Amy S. Botschner, Special Assistant Attorney General, and Edward P. O'Brien, Assistant Attorney General, of Chicago, of counsel), for appellee Illinois Commerce Commission.

Holmstrom & Green, P.C., and Roger T. Stelle, of Kech, Mahin & Cate, both of Schaumburg (Angela P. Kline, of counsel), for appellee McHenry County Conservation District.


Reversed and remanded.

JUSTICE McLAREN delivered the opinion of the court:

Plaintiffs, Commonwealth Edison Company (Edison) and Charles Walneck (Walneck), appeal from an order of the Illinois Commerce Commission (Commission) denying the proposed conveyance of real property from Edison to Walneck. We reverse and remand.

In 1968, Edison purchased a tract of land in McHenry County consisting of approximately...

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