Greenside Properties, LLC v. Peoples Gas Light and Coke Company
90 N.E.3d 1059
| Ill. App. Ct. | 2017Background
- Greenside Properties managed rental properties and requested Peoples Gas terminate service after leasing; Peoples Gas billed for service months after termination requests.
- Specific alleged errors: 102nd Street property billed monthly from Oct 2013–Jun 2014 with a June 2014 bill of $1,809.69; Woodlawn basement unit billed similarly with a June 2014 bill of $1,151.37.
- Greenside alleges Peoples Gas generated bills but failed to send them after termination requests and never informed Greenside that termination requests were not honored.
- Greenside claims the issue affected multiple properties and stems from a systematic billing error; it sought class certification and consequential damages (security deposits, inability to initiate service, time/expenses).
- Peoples Gas moved to dismiss under Ill. Code of Civil Procedure § 2-619, arguing the Illinois Commerce Commission (ICC) has exclusive jurisdiction; the circuit court granted dismissal and Greenside appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ICC or circuit court has jurisdiction over Greenside's claims | Greenside: claims are simple billing errors and wrongful billing to the wrong party; seeks civil damages for consequential harms — should proceed in circuit court | Peoples Gas: billing and service disputes fall within the Commission's supervisory authority; relief is reparations-like and under ICC jurisdiction | Court: ICC has jurisdiction; dismissal affirmed |
Key Cases Cited
- DeLuna v. Burciaga, 223 Ill. 2d 49 (Illinois 2006) (standard of review for dismissal under section 2-619)
- Commonwealth Edison Co. v. City of Warrenville, 288 Ill. App. 3d 373 (Ill. App. 1997) (describing Commission’s exclusive responsibility to enforce public-utility-related statutes)
- People v. Williams, 204 Ill. 2d 191 (Ill. 2003) (defining authoritative judicial dicta)
- Cates v. Cates, 156 Ill. 2d 76 (Ill. 1993) (weight to be given to appellate determinations)
- Itasca Pub. Sch. Dist. No. 10 v. Ward, 179 Ill. App. 3d 920 (Ill. App. 1989) (agency rule amendments that clarify rather than alter substantive rights)
- Liquilux Gas Corp. v. Martin Gas Sales, 979 F.2d 887 (1st Cir. 1992) (agency procedures and remedies for utility mistakes)