COMMONWEALTH EDISON CO. v. PTAB

No. 2-06-0338.

882 N.E.2d 141 (2008)

COMMONWEALTH EDISON COMPANY, Petitioner, v. ILLINOIS PROPERTY TAX APPEAL BOARD, Respondent (The Kane County Board of Review, Respondent).

Appellate Court of Illinois, Second District.

January 8, 2008.


Attorney(s) appearing for the Case

Donald F. Hemmesch Jr., Christopher B. Kaczynski, Smith, Hemmesch, Burke, Brannigan & Guerin, Barry Levenstam, Amy K. Trueblood, Jenner & Block LLP, Chicago, for Commonwealth Edison Company.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Carl J. Elitz, Assistant Attorney General, Chicago, for Illinois Property Tax Appeal Board.

John A. Barsanti, Kane County State's Attorney, St. Charles, Joseph F. Lulves, Assistant State's Attorney, Geneva, for Kane County Board of Review.

Ares G. Dalianis, Franczek Sullivan P.C., Chicago, Alan M. Mullins, Scariano, Kula, Ellch & Himes, Chtd., Chicago Heights, Scott E. Nemanich, Hinshaw & Culbertson LLP, Joliet, Heidi A. Katz, Scott E. Longstreet, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for Amicus Curiae Benjamin School District No. 25, Community Consolidated School District No. 180, Community Consolidated School District No. 93, DuPage County Board of Review, Elgin School District No. U-46, Elmhurst Community Unit School District No. 205, Glen Ellyn School District No. 41, Glenbard Township High School District No. 57, Lemont School District No. 210, Marquardt School District No. 15, Wheaton-Warrenville Community Unit School District No. 200.


Justice O'MALLEY delivered the opinion of the court:

Petitioner, Commonwealth Edison Company (ComEd), appeals the decision of respondent, the Illinois Property Tax Appeal Board (PTAB), denying ComEd's consolidated appeals from the property tax assessments for ComEd's Aurora Township segment of the Electric Junction to Waterman issued by respondent, the Kane County Board of Review (Board of Review), for the 2003 and 2004 tax years. ComEd contends that PTAB used an...

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