Find Court Cases > Go Back to List > C. G. E. Ford Heights, LLC v. Miller

C. G. E. Ford Heights, LLC v. Miller

Case Date: 08/04/1999
Court: 1st District Appellate
Docket No: 1-97-2121, 2384 cons.

CGE Ford Heights, L.L.C. v. Miller, Nos. 1-97-2121, 1-97-2384 cons.

1st District, August 04, 1999

THIRD DIVISION

CGE FORD HEIGHTS, L.L.C.1, and CGE FULTON, L.L.C.,

Plaintiffs-Appellants,

v.

DAN MILLER1, RUTH KRETSCHMER, WILLIAM DICKSON1, RICHARD KOLHAUSER and KARL McDERMOTT1, in Their Individual and Official Capacities as Members of the Illinois Commerce Commission,

Defendants-Appellees

(Commonwealth Edison Company,

Defendant).

 Appeal from the Circuit Court of Cook County

Nos. 96 CH 2560 and 96 CH 12873, Consolidated

Honorable Robert Boharic, Judge Presiding.

THE VILLAGE OF ROBBINS and ROBBINS RESOURCE RECOVERY PARTNERS, L.P.,

Plaintiffs-Appellants,

v.

JAMES EDGAR2, in His Official Capacity as the Governor of the State of Illinois; WILLIAM DICKSON1, RICHARD KOLHAUSER, RUTH KRETSCHMER, KARL MCDERMOTT1, and DAN MILLER1, in Their Official Capacities as Commissioners of the Illinois Commerce Commission; KEN ZEHNDER2, in His Official Capacity as Director of the Department of Revenue,

Defendants-Appellees

(Commonwealth Edison Company,

Defendant).

MODIFIED ON DENIAL OF REHEARING

PRESIDING JUSTICE CAHILL delivered the opinion of the court:

Plaintiffs appeal the dismissal of several counts of their complaints for lack of subject matter jurisdiction. The counts were directed to the governor, members of the Illinois State Commerce Commission (ISCC) and the Director of the Department of Revenue. In response to a motion under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 1996)), the trial court dismissed the state defendants based on sovereign immunity. Counts against Commonwealth Edison (ComEd) remain pending in the trial court. We affirm dismissal of some of the counts on grounds other than sovereign immunity, reverse the dismissal of others, and remand with directions.

Plaintiffs, CGE Ford Heights L.L.C., CGE Fulton, L.L.C. (CGE), the Village of Robbins, and Robbins Resource Recovery Partners (Partnership), filed two separate complaints, seeking declaratory and injunctive relief to prevent what they allege is retroactive application of Public Act 89-448. Pub. Act 89-448,