City of Peoria v. Illinois Commerce Commission

Plaintiff, the city of Peoria, sought to appeal to the circuit court of Peoria County from an adverse ruling of the Illinois Commerce Commission. It mailed its notice of appeal to the Commission on the 30th day after the order was served on the city, and the Commission received the notice three days later. On the 34th day following the Commission’s order the city filed a copy of the notice of appeal and proof of service with the clerk of the Peoria County circuit court.

The Commission moved to dismiss the appeal, asserting that the city failed to either serve the notice of appeal on the…