CONCERNED CITIZENS AND PROPERTY OWNERS v. ILLINOIS COMMERCE COMMISSION

Nos. 5-15-0551 through 5-15-0554.

2018 IL App (5th) 150551

CONCERNED CITIZENS AND PROPERTY OWNERS; ILLINOIS AGRICULTURAL ASSOCIATION, a/k/a Illinois Farm Bureau; MARY ELLEN ZOTOS; and LANDOWNERS ALLIANCE OF CENTRAL ILLINOIS, NFP, Petitioners, v. THE ILLINOIS COMMERCE COMMISSION; GRAIN BELT EXPRESS CLEAN LINE LLC; BROWN BRANCH LLC; JAR BRANCH LLC; INFINITY WIND POWER; CITIZENS UTILITY BOARD; ILLINOIS CENTRAL RAILROAD COMPANY; ROCKIES EXPRESS PIPELINE LLC; REX ENCORE FARMS LLC; REX ENCORE PROPERTIES LLC; WIND ON THE WIRES; ENVIRONMENTAL LAW AND POLICY CENTER; BNSF RAILWAY COMPANY; LOCAL UNIONS 51 AND 702 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO; and BUILDING OWNERS AND MANAGERS ASSOCIATION OF CHICAGO, Respondents.

Appellate Court of Illinois, Fifth District.

Motion to publish granted April 17, 2018.

Opinion filed April 17, 2018.


Attorney(s) appearing for the Case

Edward D. McNamara Jr. and Joseph H. O'Brien , of McNamara & Evans, of Springfield, for petitioner Concerned Citizens and Property Owners.

Charles Y. Davis and Claire A. Manning , of Brown Hay & Stephens LLP, of Springfield, for petitioner Illinois Agricultural Association.

Jonathan L. Phillips and William M. Shay , of Shay Phillips, Ltd., of Peoria, and Elizabeth E. Nohren and Dustin L. Probst , of Dove & Dove, of Shelbyville, for petitioner Landowners Alliance of Central Illinois, NFP.

Paul G. Neilan , of Law Offices of Paul G. Neilan, P.C., of Highl and Park, for other petitioner.

Thomas R. Stanton , James E. Weging , and Douglas P. Harvath , all of Chicago, for respondent Illinois Commerce Commission.

Diana Z. Bowman and Owen E. MacBride , of Schiff Hardin LLP, of Chicago, for respondent Grain Belt Express Clean Line LLC.

James A. Hansen , of Schmiedeskamp, Robertson, Neu & Mitchell LLP, of Quincy, for respondents Brown Branch LLC and JAR Branch LLC.

David D. Streicker and Paula S. Kim , of Polsinelli PC, of Chicago, for respondent Infinity Wind Power.

E. Glenn Rippie , of Rooney, Rippie & Ratnaswamy LLP, of Chicago, for respondents Rex Encore Farms LLC, Rex Encore Properties LLC, and Rockies Express Pipeline LLC.

Sean R. Brady , of Wheaton, for respondent Wind on the Wires.

Justin M. Vickers , of Chicago, for respondent Environmental Law and Policy Center.

Patrick K. Shinners and Rochelle G. Skolnick , of Schuchat, Cook & Werner, of St. Louis, Missouri, for respondent International Brotherhood of Electrical Workers, AFL-CIO.

Michael A. Munson , of Chicago, for respondent Building Owners and Managers Association of Chicago.

No brief filed for other respondents.

Justices Goldenhersh and Chapman concurred in the judgment and opinion.


OPINION

¶ 1 Concerned citizens, landowners, and intervening parties (appellants) sought judicial review of a decision by the Illinois Commerce Commission (Commission) granting a certificate of public convenience and necessity to Grain Belt Express Clean...

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