Metro Utility Co. v. Ill. Commerce Comm'n

13 Citing cases

  1. City of Chicago v. Illinois Commerce Commission

    689 N.E.2d 241 (Ill. App. Ct. 1997)   Cited 10 times

    A court's primary function in interpreting a statute is to ascertain and give effect to the intent of the legislature in enacting the statute. Business Professional People for the Public Interest v. Illinois Commerce Commission, 146 Ill.2d 175, 207, 585 N.E.2d 1032 (1991); Metro Utility Co. v. Illinois Commerce Commission, 262 Ill. App.3d 266, 273-74, 634 N.E.2d 377 (1994). Courts should give statutory language its plain meaning and the fullest possible meaning to which it is susceptible, reading the statute as a whole, in order to effectuate legislative intent. Collins v. Board of Trustees of the Firemen's Annuity Benefit Fund of Chicago, 155 Ill.2d 103, 111, 610 N.E.2d 1250 (1993); Metro Utility, 262 Ill. App.3d at 274.

  2. Local Union Nos. 15, 51, & 702 v. Illinois Commerce Commission

    772 N.E.2d 340 (Ill. App. Ct. 2002)   Cited 6 times

    When a court interprets a statute, the primary objective is to ascertain and give effect to the intent of the legislature. Metro Utility Co. v. Illinois Commerce Comm'n, 262 Ill. App. 3d 266, 273 (1994). The best indication of what the legislature intended is the statutory language itself.

  3. Central Illinois Public Service Co. v. Illinois Commerce Commission

    268 Ill. App. 3d 471 (Ill. App. Ct. 1994)   Cited 27 times
    Ruling that “substantial evidence” may support more than one possible finding, and possibly even several

    A court's primary function in interpreting a statute is to ascertain and give effect to the intent of the legislature in enacting the statute. Courts should give statutory language its plain meaning and the fullest possible meaning to which it is susceptible, reading the statute as a whole, in order to effectuate legislative intent. Metro Utility Co. v. Illinois Commerce Comm'n (1994), 262 Ill. App.3d 266, 273-74, 634 N.E.2d 377, 382. Section 5-115 of the Procedure Act, although silent on whether JCAR can lift a filing prohibition, must be interpreted to allow such a decision.

  4. Citizens Util. Bd. v. Ill. Commerce Comm'n

    2018 Ill. App. 170527 (Ill. App. Ct. 2018)   Cited 2 times

    Moreover, in context, the Commission's order makes clear that, as the testimony of Moul and Hauk showed, a ROE of 8.12% was far too low to allow IAWC to compete for capital investment. The Commission had also been presented data showing how very low a ROE of 8.12% would be when compared to other utilities' ROEs. See Continental Mobile Telephone Co. v. Illinois Commerce Comm'n , 269 Ill. App. 3d 161, 171, 206 Ill.Dec. 511, 645 N.E.2d 516 (1994) (stating that the challenger must show that the opposite conclusion is clearly evident, not merely that the evidence could support a different conclusion); Metro Utility Co. v. Illinois Commerce Comm'n , 262 Ill. App. 3d 266, 278, 199 Ill.Dec. 538, 634 N.E.2d 377 (1994) (stating that the presentation of contradictory evidence is not sufficient to reverse the Commission's order).

  5. DeLuna v. Burciaga

    359 Ill. App. 3d 544 (Ill. App. Ct. 2005)   Cited 2 times

    Because the construction of a statute is a question of law, review is de novo. Metro Utility Co. v. Illinois Commerce Comm'n, 262 Ill. App. 3d 266, 273 (1994). The primary rule of statutory construction is to ascertain and give effect to the true intent of the legislature.

  6. Harrisonville Telephone Co. v. Illinois Commerce Commission

    343 Ill. App. 3d 517 (Ill. App. Ct. 2003)   Cited 2 times
    Stating that a voice grade access line is a basic telephone line

    The Commission is required to analyze the transaction and is not required to merely accept the accounting practices of the utility appearing before it. See United Cities Gas Co. v. Illinois Commerce Comm'n, 163 Ill.2d 1, 23-25, 205 Ill.Dec. 428, 643 N.E.2d 719, 730-31 (1994); Metro Utility Co. v. Illinois Commerce Comm'n, 262 Ill.App.3d 266, 276-78, 199 Ill.Dec. 538, 634 N.E.2d 377, 383-85 (1994).         In a 59-page order, this one reference to what NECA found does not support Moultrie's contention that the Commission based its decision upon what NECA had already done.

  7. People v. Bonutti

    338 Ill. App. 3d 333 (Ill. App. Ct. 2003)   Cited 9 times

    Therefore, the primary objective of interpreting a regulation is to ascertain and give effect to the intent of the drafters. Metro Utility Co. v. Illinois Commerce Comm'n, 262 Ill. App. 3d 266, 274 (1994). The best indication of what the drafters intended is the statutory language itself.

  8. Commonwealth Edison Co. v. Illinois Commerce Commission

    775 N.E.2d 113 (Ill. App. Ct. 2002)   Cited 4 times

    "However, because of an agency's experience and expertise, courts will generally give substantial weight and deference to the interpretation of a statute by the agency charged with the administration and enforcement of the statute." Metro Utility Co. v. Illinois Commerce Comm'n, 262 Ill. App. 3d 266, 273 (1994). In its order, the Commission determined that "the legislature has authorized the sale of ComEd's nuclear plants and the collection of decommissioning expense from ratepayers after the sale."

  9. Palos Comm. Hosp. v. Ill. Health Facilities

    328 Ill. App. 3d 336 (Ill. App. Ct. 2002)   Cited 3 times

    Because the construction of a statute is a question of law, the Board's construction of the Act is not binding and we may independently construe the Act. Metro Utility Co. v. Illinois Commerce Commission, 262 Ill. App.3d 266, 273 (1994). The primary rule of statutory construction is to ascertain and give effect to the true intent of the legislature.

  10. Antler v. Classic Residence Management L.P.

    315 Ill. App. 3d 259 (Ill. App. Ct. 2000)   Cited 9 times

    A court's primary function in interpreting a statute is to give effect to the intent of the legislature in enacting the statute. Metro Utility Company v. Illinois Commerce Commission et al., 262 Ill. App.3d 266, 273-74, 634 N.E.2d 377 (1994). In construing a municipal ordinance, courts should give effect to the intention of the municipality as it is evidenced by the ordinance's terminology, its goals and purposes, the structure of the ordinance, the setting in which the words are used, and the common and accepted usage of the words.