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ILLINOIS RSA NO. 3, INC. v. DEPT. OF CENT. MAN. SERV.

No. 1-02-3420.

809 N.E.2d 137 (2004)

348 Ill. App.3d 72

284 Ill.Dec. 15

ILLINOIS RSA No. 3, INC.; USCOC of Illinois RSA No. 4, Inc.; Davenport Cellular Telephone Company; and USCOC of Illinois RSA No. 1, Inc., Plaintiffs-Appellees, v. The DEPARTMENT OF CENTRAL MANAGEMENT SERVICES, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

As Modified Upon Denial of Rehearing May 11, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, and Erik G. Light, Assistant Attorney General, Chicago, for Appellant.

Caesar A. Tabet, Deborah E. Decker, and Michael J. Grant, of Tabet DiVito & Rothstein LLC, Chicago, for Appellees.

MODIFIED ON DENIAL OF REHEARING

Justice CAHILL delivered the opinion of the court:

We consider whether defendant, the Illinois Department of Central Management Services (CMS), had the authority to promulgate a rule that wireless carriers could recover no more than 100% of a surcharge. The surcharge is to be collected and remitted to a fund established to defray carriers' expenses in establishing 9...

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