PEOPLE EX REL. MADIGAN v. ILLINOIS COMMERCE COM'N

No. 1-10-1776.

964 N.E.2d 510 (2011)

357 Ill. Dec. 831

The PEOPLE ex rel. Lisa MADIGAN, Attorney General of the State of Illinois, Petitioner, v. ILLINOIS COMMERCE COMMISSION, Illinois-American Water Company, Citizens Utility Board, Melody Fliss, Harold C. Menger, Rosemary Katona, Eileen and Tim Nelson, The City of Champaign, The Village of Prairie Grove, The Village of Mount Prospect, The Village of Homer Glen, The City of Des Plaines, The Village of Tinley Park, The City of Peoria, The City of Pekin, The Village of Bolingbrook, The Illinois Industrial Water Consumers, The Village of Woodridge, The Village of Lemont, The City of Elmhurst, The City of Urbana, and The Village of St. Joseph, The Village of Savoy and The Village of Sidney, Respondents (Illinois-American Water Company, Cross-Petitioner, v. Illinois Commerce Commission; The People ex rel. Lisa Madigan, Attorney General of the State of Illinois; Citizens Utility Board; Melody Fliss; Harold C. Menger; Rosemary Katona; Eileen and Tim Nelson; The City of Champaign; The Village of Prairie Grove; The Village of Mount Prospect; The Village of Homer Glen; The City of Des Plaines; The Village of Tinley Park; The City of Peoria; The City of Pekin; The Village of Bolingbrook; The Illinois Industrial Water Consumers; The Village of Woodridge; The Village of Lemont; The City of Elmhurst; The City of Urbana; The Village of St. Joseph; The Village of Savoy; and The Village of Sidney, Cross-Respondents).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 11, 2012.


Attorney(s) appearing for the Case

Lisa Madigan , Attorney General of Chicago ( Michael A. Scodro , Solicitor General, Carl J. Elitz , Assistant Attorney General, of counsel), for petitioner.

James E. Weging , Special Assistant Attorney General, for respondent Illinois Commerce Commission.

John J. Reichart , Albert D. Sturtevant , Anne M. Zehr , Carpenter Lipps & Leland LLP, Chicago, for respondent Illinois-American Water Company.

Richard C. Balough , Cheryl Dancey Balough , Balough Law Offices, LLC, Chicago, for respondent Village of Homer Glen.

Jeffrey M. Alperin , Tressler LLP, Chicago, for respondent Village of Bolingbrook.


OPINION

Justice McBRIDE delivered the judgment of the court, with opinion.

¶ 1 This is an appeal from a decision of the Illinois Commerce Commission (Commission) setting new rates for customers of Illinois-American Water Company (IAWC). Several parties intervened, including the People of the State of Illinois (the Attorney General) and numerous municipalities affected by the proposed increases.

¶ 2 The Attorney General appeals, arguing...

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