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ILLINI CARRIER v. ILL. COMMERCE COM'N

No. 1-95-3894.

681 N.E.2d 1022 (1997)

288 Ill. App.3d 835

224 Ill.Dec. 401

ILLINI CARRIER, L.P., Plaintiff-Appellant and Cross-Appellee, v. ILLINOIS COMMERCE COMMISSION, Illinois Power Company, Illinois Historic Preservation Agency, and The Department of Agriculture, Defendants-Appellees (Illinois Power Company and Illinois Commerce Commission, Defendants and Cross-Appellants).

Appellate Court of Illinois, First District, Third Division.

May 28, 1997.

Attorney(s) appearing for the Case

Elizabeth D. Sharp, Kenneth K. Dort, Nigel F. Telman of Freeborn & Peters, Chicago, for Plaintiff-Appellant and Cross-Appellee.

James E. Weging, Special Assistant Attorney General, Illinois Commerce Commission, Chicago, for Defendant-Appellee and Cross-Appellant Illinois Commerce Commission.

Owen E. MacBride, Carrie J. Hightman of Schiff, Hardin & Waite, Chicago, for Defendant-Appellee and Cross-Appellant Illinois Power Company.

Justice LEAVITT delivered the opinion of the court:

This appeal presents an issue of first impression regarding the responsibility of the Illinois Commerce Commission (the Commission) under section 18c-2109 of the Illinois Commercial Transportation Law (the Transportation Law) (625 5/18c-2109 (West 1992)), to render a decision within 90 days of completing oral hearings in a case. The trial judge, presiding under the Administrative Review Law (the Review Law) (735...

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