Boles Trucking, Inc. v. O'CONNOR

Plaintiffs brought a complaint for declaratory judgment in the circuit court of Sangamon County, alleging that section 18 — 702 of the Illinois Motor Carrier of Property Law (Motor Carrier Law) (111. Rev. Stat. 1983, ch. OSW, par. 18 — 702) is unconstitutional insofar as it grants authority to the Illinois Commerce Commission (Commission) to assess civil penalties for violations of the Motor Carrier Law. Defendants, as members of the Commission, filed a motion to dismiss the complaint for lack of jurisdiction, which was denied. Thereafter the trial court denied the complaint, in effect…