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COMMONWEALTH EDISON CO. v. CITY OF WARRENVILLE

No. 2-96-1060.

680 N.E.2d 465 (1997)

288 Ill. App.3d 373

223 Ill.Dec. 732

COMMONWEALTH EDISON COMPANY, Plaintiff-Appellee, v. The CITY OF WARRENVILLE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 22, 1997.

Attorney(s) appearing for the Case

Barry L. Moss, George A. Marchetti, Norma J. Guess, Moss & Bloomberg, Ltd., Bolingbrook, for City of Warrenville.

Paul F. Hanzlik, E. Glenn Rippie, Christopher W. Zibart, Hopkins & Sutter, Chicago, Pamela B. Strobel, General Counsel/Commonwealth Edison Co., Chicago, for Commonwealth Edison Co.

Justice THOMAS delivered the opinion of the court:

The plaintiff, Commonwealth Edison Company (ComEd), brought this action seeking to enjoin the defendant, the City of Warrenville (Warrenville), from using its zoning power to halt a project involving the construction of a new transmission line. The circuit court of Du Page County held that Warrenville's authority to halt or regulate the project through its zoning ordinance was preempted. The court therefore permanently...

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