City of Peoria v. Illinois Commerce Commission

PRESIDING JUSTICE BARRY,

dissenting:

I cannot agree that the City of Peoria failed to perfect its appeal in a timely manner, and I must therefore, respectfully dissent.

An appeal from a decision of the Illinois Commerce Commission to the circuit court begins by filing a notice of appeal with the Commission in the same way that an appeal from a judgment of the circuit court to the appellate court begins by filing a notice of appeal with the clerk of the circuit court. (Compare Ill. Rev. Stat. 1979, ch. 1112/3, par. 72, with 73 Ill. 2d R. 303(a).) Both statutes allow 30 days for the notice of…