Commonwealth Edison Co. v. State

Court of Claims of Illinois

Commonwealth Edison Co. v. State

37 Ill. Ct. Cl. 196, 1984 Ill. Ct. Cl. LEXIS 28

CourtCourt of Claims of Illinois

DecidedDecember 14, 1984

DocketNos. 82-CC-1829, 83-CC-1937

StatusPublished

This text of 37 Ill. Ct. Cl. 196 (Commonwealth Edison Co. v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth Edison Co. v. State, 37 Ill. Ct. Cl. 196, 1984 Ill. Ct. Cl. LEXIS 28 (Ill. Super. Ct. 1984).

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Opinion

Roe, C.J.

This matter coming to be heard on the motion of the Respondent for summary judgment in favor of the Respondent and against the Claimant and the objection thereto filed by the Claimant, due notice having been given and the Court being fully advised; Finds that the Claimant, Commonwealth Edison, is before the Court seeking payment of gross charges for electricity which were billed to a State agency but not paid. This Court has previously determined that such gross charges are actually a penalty assessed against the State agency. As such, they are not recoverable from the State because it is not liable for the payment of interest or penalties, in the absence of a statute subjecting it to such liability. Illinois Power Co. v. State (1975), 30 Ill. Ct. Cl. 506.

It is hereby ordered that the motion of the Respondent be, and the same is, hereby granted and the claim is hereby denied.

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Roe, C.J.

This matter coming to be heard on the motion of the Respondent for summary judgment in favor of the Respondent and against the Claimant and the objection thereto filed by the Claimant, due notice having been given and the Court being fully advised; Finds that the Claimant, Commonwealth Edison, is before the Court seeking payment of gross charges for electricity which were billed to a State agency but not paid. This Court has previously determined that such gross charges are actually a penalty assessed against the State agency. As such, they are not recoverable from the State because it is not liable for the payment of interest or penalties, in the absence of a statute subjecting it to such liability. Illinois Power Co. v. State (1975), 30 Ill. Ct. Cl. 506.

It is hereby ordered that the motion of the Respondent be, and the same is, hereby granted and the claim is hereby denied.

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Bluebook (online)

37 Ill. Ct. Cl. 196, 1984 Ill. Ct. Cl. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-edison-co-v-state-ilclaimsct-1984.

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