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FOUNTAIN WATER DIST. v. ICC

No. 5-96-0531.

684 N.E.2d 145 (1997)

291 Ill. App.3d 696

225 Ill.Dec. 670

FOUNTAIN WATER DISTRICT, a public water district, Petitioner, v. ILLINOIS COMMERCE COMMISSION and Illinois-American Water Company, Respondents.

Appellate Court of Illinois, Fifth District.

August 1, 1997.

Attorney(s) appearing for the Case

Arthur W. Morris, Traughber, Reitz & Marris, Ltd., Columbia, for Petitioner.

Myron A. Hanna, Thompson Coburn, Belleville, for Illinois American Water Co.

John J. Reichart, Sp. Asst. Atty. Gen., Illinois Commerce Com'n, Springfield, for Illinois Commerce Com'n.

Justice WELCH delivered the opinion of the court:

Fountain Water District, a public water district, appeals from an order of the Illinois Commerce Commission which granted a certificate of public convenience and necessity to Illinois-American Water Company to extend its water distribution system to a subdivision, known as Country Aire Estates, located within the geographical boundaries of, but not serviced by, Fountain Water District. For reasons which follow, we...

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