City of Chicago v. Illinois Commerce Commission

In a complaint for declaratory judgment against the Illinois Commerce Commission (Commission) and its individual commissioners, the city of Chicago, plaintiff, sought to have the Commission’s Rule 606 of General Order 138 declared “invalid, unlawful, void and unenforceable” and to have defendants enjoined from enforcing the rule against the plaintiff. The circuit court of Cook County entered judgment in favor of plaintiff, declaring Rule 606 to be null and void, its promulgation being beyond the jurisdiction of the Commission. The appellate court reversed (70 Ill. App. 3d 655), and we granted…