People v. E.R.H. Enterprises

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (4th) 110943
Decision Date: 
September 7, 2012
District: 
4th Dist.
Division/County: 
Piatt Co.
Justice: 
TURNER
Holding: 
Reversed.
Department of Labor filed complaint for adjudication of civil contempt against private company providing water service, for failure to comply with subpoena duces tecum brought under Prevailing Wage Act, as to repair of water main leaks in Village. Defendant company meets definition of public utility under Public Utility Act; it operates and maintains water distribution system, and is thus the entity supplying water to Village citizens. As Defendant is exempt from Wage Act, court erred by ordering it to comply with Labor Department subpoena, which relates to documents as to work directly done by Defendant as a public utility. (STEIGMANN and McCULLOUGH, concurring.)