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APPLE CANYON LAKE v. COMMERCE COM'N

Docket Nos. 3-10-0832, 3-10-0898 cons.

985 N.E.2d 695 (2013)

2013 IL App (3d) 100832

368 Ill. Dec. 888

APPLE CANYON LAKE PROPERTY OWNERS' ASSOCIATION and Lake Wildwood Association, Inc., Petitioners/Cross-Respondents, v. ILLINOIS COMMERCE COMMISSION and The People of the State of Illinois, ex rel. Lisa Madigan, Attorney General of the State of Illinois, Respondents (Apple Canyon Utility Company and Lake Wildwood Utilities Corporation, Respondents and Cross-Petitioners). The People ex rel. Lisa Madigan, Attorney General of the State of Illinois, Petitioner, v. Illinois Commerce Commission, Apple Canyon Utility Company, Lake Wildwood Utilities Corporation, Apple Canyon Lake Property Owners' Association and Lake Wildwood Association, Inc., Respondents.

Appellate Court of Illinois, Third District.

March 5, 2013.

Attorney(s) appearing for the Case

Richard C. Balough (argued) and Cheryl Dancey Balough , both of Balough Law Offices, LLC, of Chicago, for Apple Canyon Lake Property Owners' Association and Lake Wildwood Association, Inc.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Solicitor General, and Carl J. Elitz (argued), Assistant Attorney General, of counsel), for People ex rel. Lisa Madigan.

W. Michael Seidel (argued) and Scott M. Levin , both of Howard & Howard PLLC, of Chicago, and Scott J. Rubin , of Bloomsburg, Pennsylvania, for Apple Canyon Utility Company and Lake Wildwood Utilities Corporation.

Thomas R. Stanton (argued), General Counsel, of Illinois Commerce Commission, and John P. Kelliher , Special Assistant Attorney General, both of Chicago, for Illinois Commerce Commission.

OPINION

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

¶ 1 This is an appeal of an order of the Illinois Commerce Commission (Commission) setting increased water rates to be charged by two water utilities, Apple Canyon Utility Company and Lake Wildwood Utilities Corporation (the Utilities). Appellants Apple Canyon Lake Property Owners' Association and Lake Wildwood Association (the Associations) represent all of the ratepayers...

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