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ILLINOIS-AMERICAN WATER v. ILLINOIS COMMERCE COM'N

Nos. 2-01-0746, 2-01-0752.

772 N.E.2d 390 (2002)

331 Ill. App.3d 1030

265 Ill.Dec. 352

ILLINOIS-AMERICAN WATER COMPANY, as Successor in Interest to Citizens the Illinois Citizens Utilities Company Water Resources, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, Respondent-Appellee. National Association of Water Companies, Illinois-Missouri Chapter, Petitioner-Appellant, v. Illinois Commerce Commission, Respondent-Appellee.

Appellate Court of Illinois, Second District.

June 28, 2002.

Attorney(s) appearing for the Case

Stephen J. Mattson, Michele L. Odorizzi, Kara K. Gibney, Angela D. O'Brien, Mayer, Brown, Rowe & Maw, Chicago, Lee Ann Conti, Citizens Communications Company, Woodridge, for Illinois-American Water Company in No. 2-01-0746.

Illinois Commerce Commission, Office of General Counsel, John P. Kelliher, Special Assistant Attorney General, Chicago, for Illinois Commerce Commission.

Boyd J. Springer, Eacata D. Gregory, Jones, Day, Reavis & Pogue, Chicago, for National Association of Water Companies Illinois-Missouri Chapter.

Stephen J. Mattson, Michele L. Odorizzi, Kara K. Gibney, Angela D. O'Brien, Mayer, Brown, Rowe & Maw, Chicago, Lee Ann Conti, Citizens Communications Company, Woodridge, for Citizens Utilities Company of Illinois in No. 2-01-0752.

Justice McLAREN delivered the opinion of the court:

Petitioners, Illinois-American Water Company, as successor in interest to Citizens Utilities Company of Illinois, d/b/a Citizens Water Resources (Citizens), and National Association of Water Companies, Illinois-Missouri Chapter (Association), appeal a decision by respondent, Illinois Commerce Commission (the Commission), disapproving of an agreement between Citizens and a developer, Terra Cotta Company. We affirm...

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