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  5. 714 N.E.2d 35 (1999)
 

CGE FORD HEIGHTS, L.L.C. v. MILLER

Nos. 1-97-2121, 1-97-2384.

714 N.E.2d 35 (1999)

306 Ill. App.3d 431

239 Ill.Dec. 477

CGE FORD HEIGHTS, L.L.C., and CGE Fulton, L.L.C., Plaintiffs-Appellants, v. Dan MILLER, Ruth Kretschmer, William Dickson, Richard Kolhauser And Karl McDermott, in Their Individual and Official Capacities as Members of the Illinois Commerce Commission, Defendants-Appellees (Commonwealth Edison Company, Defendant). The Village of Robbins and Robbins Resource Recovery Partners, L.P., Plaintiffs-Appellants, v. James Edgar, in His Official Capacity as the Governor of the State of Illinois; William Dickson, Richard Kolhauser, Ruth Kretschmer, Karl McDermott, and Dan Miller, in Their Official Capacities as Commissioners of the Illinois Commerce Commission; Ken Zehnder, in His Official Capacity as Director of the Department of Revenue, Defendants-Appellees (Commonwealth Edison Company, Defendant).

Appellate Court of Illinois, First District, Third Division.

Opinion Modified on Denial of Rehearing August 4, 1999.

Attorney(s) appearing for the Case

Philip S. Beck, Jeffrey A. Hall and Mark S. Ouweleen of Bartlit Beck Herman Palenchar & Scott, Chicago, for Appellant CGE Ford Heights L.L.C. and CGE Fulton, L.L.C.

Mark Sterk of Odelson & Sterk, Ltd., Evergreen Park, for Appellant Village of Robbins.

Norman J. Barry, Christopher G. Walsh, Jr. and Alan S. Madans of Rothschild, Barry & Myers, Chicago (Donald G. Kempf, Jr., Robert J. Kopecky and Steven C. Coberly of Kirkland & Ellis, of counsel), for Appellant Robbins Resource Recovery Partners, L.P.

James E. Ryan, Attorney General (Richard A. Redmond, Steven B. Varick, Malcolm H. Brooks and Marc L. Fogelberg, Special Assistant Attorneys General, of McBride Baker & Coles, Chicago, of counsel), for Appellees.

MODIFIED ON DENIAL OF REHEARING

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs appeal the dismissal of several counts of their complaints for lack of subject matter jurisdiction. The counts were directed to the governor, members of the Illinois State Commerce Commission (ISCC) and the Director of the Department of Revenue. In response to a motion under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 1996)), the...

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