Illinois Power Co. v. Lynn

This is an action brought by Illinois Power Company, plaintiff, to acquire certain tracts of land by eminent domain pursuant to authority granted to it by the Illinois Commerce Commission in a certificate of convenience and necessity and an enabling order. Emerson and Bessie Miller (hereinafter referred to as defendants), owners of a tract of land sought to be condemned, filed a motion to dismiss and traverse. The trial court denied the motion, finding the question of public need for this tract had been resolved in the hearing before the Illinois Commerce Commission, in which defendants…