National Boulevard Bank v. Citizens Utilities Co.

Plaintiffs initially objected to being charged sewage rates by the defendant and went before the Illinois Commerce Commission. That body determined that its decision depended on the ownership of certain sewer mains; an issue it had no jurisdiction to decide. Accordingly, this declaratory judgment action was filed in the Chancery Division because plaintiffs also sought equitable relief. The trial court held that the conduct of the parties and certain documents acknowledging defendant’s ownership of mains used by it established defendant’s ownership of the mains in question. We hold that the…