Panel Rules ComEd Liable In Civil Action
From the Chicago Daily Law Bulletin
A state appeals panel ruled that a lawsuit against Commonwealth Edison for cutting down trees on private property belongs in state courts, not before the Illinois Commerce Commission.
Cook County Associate Judge Franklin U. Valderrama initially dismissed a La Grange Park couple’s 2012 lawsuit, finding the ICC had exclusive jurisdiction over any claims against the electric company.
But in a 21-page opinion written by 1st District Appellate Justice Joy V. Cunningham, the panel found that the ICC’s jurisdiction over ComEd’s rates and service do not preclude civil actions for other reasons.
Joseph and Marta Duricas’ La Grange Park home backs up to rail tracks operated by the Indiana Harbor Belt Railroad. ComEd maintains electrical lines above the Duricas’ property alongside the tracks.
To stifle noise and dust from passing trains, the Duricas planted a row of 25-foot-tall pine trees. For years, ComEd trimmed the trees so they would not interfere with its power lines. But in September 2011, the utility chose to remove the trees.
ComEd contracted with Texas-based ABC Professional Tree Services Inc. to handle the removal. When ABC asked Marta Durica for permission, she refused. But the next day, ABC cut the trees down.
In October 2012, the Duricas filed a complaint in Cook County Circuit Court.
Though the complaint alleged ComEd violated a section of the state’s Public Utilities Act that requires electrical utilities to provide notice to property owners about “vegetation management activities,” the Duricas specifically pleaded they did not seek damages for the violation, which would place the case in the ICC’s jurisdiction.
Read more in our daily News Update...
From the Chicago Daily Law Bulletin
A state appeals panel ruled that a lawsuit against Commonwealth Edison for cutting down trees on private property belongs in state courts, not before the Illinois Commerce Commission.
Cook County Associate Judge Franklin U. Valderrama initially dismissed a La Grange Park couple’s 2012 lawsuit, finding the ICC had exclusive jurisdiction over any claims against the electric company.
But in a 21-page opinion written by 1st District Appellate Justice Joy V. Cunningham, the panel found that the ICC’s jurisdiction over ComEd’s rates and service do not preclude civil actions for other reasons.
Joseph and Marta Duricas’ La Grange Park home backs up to rail tracks operated by the Indiana Harbor Belt Railroad. ComEd maintains electrical lines above the Duricas’ property alongside the tracks.
To stifle noise and dust from passing trains, the Duricas planted a row of 25-foot-tall pine trees. For years, ComEd trimmed the trees so they would not interfere with its power lines. But in September 2011, the utility chose to remove the trees.
ComEd contracted with Texas-based ABC Professional Tree Services Inc. to handle the removal. When ABC asked Marta Durica for permission, she refused. But the next day, ABC cut the trees down.
In October 2012, the Duricas filed a complaint in Cook County Circuit Court.
Though the complaint alleged ComEd violated a section of the state’s Public Utilities Act that requires electrical utilities to provide notice to property owners about “vegetation management activities,” the Duricas specifically pleaded they did not seek damages for the violation, which would place the case in the ICC’s jurisdiction.
Read more in our daily News Update...