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VILLAGE OF BOLINGBROOK v. CITIZENS UTIL. COMPANY OF ILLINOIS

No. 3-94-0198.

642 N.E.2d 182 (1994)

267 Ill. App.3d 358

204 Ill.Dec. 720

VILLAGE OF BOLINGBROOK, Plaintiff-Appellant/Cross-Appellee, v. CITIZENS UTILITIES COMPANY OF ILLINOIS, Defendant-Appellee/Cross-Appellant.

Appellate Court of Illinois, Third District.

October 27, 1994.

Attorney(s) appearing for the Case

Norma J. Guess, Barry L. Moss (argued), George A. Marchetti, Moss & Bloomberg, Ltd., Bolingbrook, for Village of Bolingbrook.

Thomas R. Wilson, Herschbach, Tracy, Johnson, Bertani & Wilson, Joliet, Stephen J. Mattson (argued), Lee N. Abrams, Michele Odorizzi, Mayer, Brown & Platt, Chicago, for Citizens Utilities Co.

Justice BRESLIN delivered the opinion of the court:

Both parties appeal from the judgment of the circuit court dismissing the condemnation action filed by the plaintiff, Village of Bolingbrook (Village), against the defendant, Citizens Utilities Company (Citizens). We hold that the Village was required to seek approval from the Illinois Commerce Commission before condemning Citizens' waterworks and affirm the judgment of the trial court on that basis.

Both...

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