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CITY OF ELGIN v. ILLINOIS COMMERCE COM'N

No. 2-15-0047.

52 N.E.3d 631 (2016)

402 Ill. Dec. 710

2016 IL App (2d) 150047

The CITY OF ELGIN, Petitioner, v. The ILLINOIS COMMERCE COMMISSION, Commonwealth Edison Company, Michael Thompson, Jennifer Thompson, Wind on the Wires, the County of Kane, Rob Mason, Robert Mason, Diane Mason, Jerry Drexler, Kristin Drexler, Utility Risk Management Corporation, the Village of South Elgin, the Forest Preserve District of Kane County, the Board of Education of School District U-46, Invenergy Wind Development LLC, Wayne Muirhead, Dean Muirhead, Dennis Muirhead, John Cash, Mary Lewis, Lynn Landmeier, Betty Landmeier, Ronald E. Nightingale, Carol J. Nightingale, Mark Secco, Arlene Watermann, William Deutsch, Christine Deutsch, Patrick Deutsch, the Village of Burlington, Denise Hubbard, Ronald Hammes, Linda Hammes, Caterpillar Inc., ExxonMobil Power and Gas Services Inc., Thermal Chicago Corporation, Kenyon Brothers Company, Oak Ridge Farm Homeowners Association, the City of Sycamore, the County of Ogle, Daryl D. Butts, Thomas D. Rhoads, Shelley J. Rhoads, Constance E. Jones, Saddlebrook Unit II Property Owners Association, Michael Petersdorf, and Sarah Petersdorf, Respondents.

Appellate Court of Illinois, Second District.

March 31, 2016.

Attorney(s) appearing for the Case

William A. Cogley , Corporation Counsel, Elgin ( Christopher J. Beck and Michael R. Gehrman , Assistant Corporation Counsel, of counsel), for petitioner.

James E. Weging and Matthew L. Harvey , both of Illinois Commerce Commission, for respondent Illinois Commerce Commission.

Richard G. Bernet and Anastasia M. O'Brien , both of Exelon Business Services Company, and Conor B. Ward and E. Glenn Rippie , both of Rooney Rippie & Ratnaswamy LLP, Chicago, for respondent Commonwealth Edison Company.

OPINION

¶ 1 This appeal involves a request for direct administrative review of an order of the Illinois Commerce Commission (Commission), which authorized Commonwealth Edison Company (ComEd) to construct a high-voltage transmission line and related facilities...

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