Big Sky Excavating, Inc. v. Illinois Bell Telephone Co.

Plaintiffs brought an action in the circuit court of Madison County challenging the constitutionality of section 13—502.5 of the Public Utilities Act (220 ILCS 5/13—502.5 (West 2002)), which abated proceedings then pending before the Illinois Commerce Commission and mandated that $90 million be refunded to certain customers of telecommunication services. On plaintiffs’ motion for summary judgment, the circuit court declared section 13 — 502.5 invalid on the grounds that it violated the prohibition against special legislation set forth in article iy section 13, of the Illinois Constitution of…