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DERBY MEADOWS UTILITY CO. v. ILL. COMMERCE COM'N

No. 1-89-2944.

593 N.E.2d 848 (1992)

228 Ill. App.3d 910

171 Ill.Dec. 28

DERBY MEADOWS UTILITY COMPANY, Appellant, v. The ILLINOIS COMMERCE COMMISSION, the Village of Orland Park, and Orchard Hill Building Company, Appellees.

Appellate Court of Illinois, First District, Fifth Division.

May 8, 1992.

Attorney(s) appearing for the Case

Duane A. Feuer & P. Matthew Glavin, Ross & Hardies, Chicago, for Derby Meadows.

James E. Weging, Sp. Asst. Atty. Gen., Chicago, for Illinois Commerce Comm'n.

Defrees & Fiske, Chicago, for Orchard Hill Bldg. Co.

Paul E. Freehling, Catherine P. Wassberg, Pope, Ballard, Shepard & Fowle, Ltd., Chicago, for Village of Orland Park.

Justice LORENZ delivered the opinion of the court:

Appellant, Derby Meadows Utility Company (Derby), appeals from a final order of the Illinois Commerce Commission denying it permanent certification to provide water and sewer services to an undeveloped subdivision located in unincorporated Cook County. The Commission based its denial of the certification, in part, on the disposition of two ancillary law suits which were litigated by various parties in the circuit...

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