City of Mascoutah v. Illinois Commerce Comm’n

Illinois Appellate Court
Civil Court
Eminent Domain
Case Number: 
2021 IL App (5th) 200386
Decision Date: 
Monday, August 9, 2021
5th Dist.
Appeal dismissed.

Illinois Commerce Commission denied City's petition for approval to acquire, by eminent domain, easements over certain property outside city limits, in order to construct a power line to connect City's power supply to the electricity infrastructure of Ameren Illinois Company. City filed petition with appellate court for direct review of Commission's decision. Petition was not brought pursuant to Public Utilities Act but pursuant to section 11-117-1(2) of Municipal Code. Legislature has not expressly incorporated the provisions of the Public Utilities Act in conferring decision-making authority on the Commission related to approval of a city's decision to exercise its eminent domain authority outside of its city limits. Appellate court does not have jurisdiction to proceed with direct review of Commission's decision. City must petition for a writ of certiorari in circuit court. (WELCH and VAUGHAN, concurring.)