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CITY OF MASCOUTAH v. ILLINOIS COMMERCE

No. 5-20-0386.

197 N.E.3d 307 (2021)

2021 IL App (5th) 200386

The CITY OF MASCOUTAH, an Illinois Municipal Corporation, Petitioner, v. The ILLINOIS COMMERCE COMMISSION; Carrie Zalewski, in Her Official Capacity as Commissioner; Sadzi Martha Oliva, in Her Official Capacity as Commissioner; D. Ethan Kimbrel, in His Official Capacity as Commissioner; Maria S. Bocanegra, in Her Official Capacity as Commissioner; Michael T. Carrigan, in His Official Capacity as Commissioner; Roy A. Waller, Individually and as Trustee of the Roy A. Waller Declaration of Trust Dated April 24, 1997; Mary Ann Waller, Individually and as Trustee of the Mary Ann Waller Declaration of Trust Dated April 24, 1997; and Ameren Illinois Company, Respondents.

Appellate Court of Illinois, Fifth District.

Modified Upon Denial of Rehearing September 23, 2021.

Attorney(s) appearing for the Case

Gary L. Smith , of Loewenstein & Smith, P.C., of Springfield, for petitioner.

Robert W. Funk and Thomas R. Stanton , Special Assistant Attorneys General, of Chicago, for respondent Illinois Commerce Commission.

Mark S. Cochran and Andrew G. White , of Bellatti, Barton, Cochran & White, LLC, of Springfield, for respondents Roy A. Waller and Mary Ann Waller.

No brief filed for other respondents.

OPINION

¶ 1 The petitioner, City of Mascoutah (City), an Illinois municipal corporation, petitions this court, pursuant to Illinois Supreme Court Rule 335 (eff. July 1, 2017) for direct review of the September 23, 2020, order of the Illinois Commerce Commission (Commission...

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