Houser Comm., Inc. v. Ill. Commerce Com

1 Citing case

  1. Radio Paging v. Houser Comm., Inc.

    459 N.E.2d 294 (Ill. App. Ct. 1984)   Cited 1 times

    Upon the motion of the defendant, the court dismissed the plaintiff's complaint on December 28, 1982, stating that the question of whether or not the defendant has or should have a certificate of public convenience and necessity should be determined in the first instance by the Illinois Commerce Commission. The court's order of dismissal further stated that the decision of the circuit court of Peoria County in case No. 82MR381 was beyond the jurisdiction and power of that court and, thus, was not binding in any subsequent proceeding. Subsequently, this court reversed the trial court's order of dismissal in case No. 82MR381 and remanded the case to the trial court in Houser Communications, Inc. v. Illinois Commerce Com. (1983), 120 Ill. App.3d 640. The issue which the plaintiff has raised on review is whether the trial court erred in the dismissal of the complaint.