Illinois Compiled Statutes
220 ILCS 5/4-202 (2026)
Action for injunction
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(220 ILCS 5/4-202)
(from Ch. 111 2/3, par. 4-202)
Sec. 4-202.
Action for injunction.
Whenever the Commission shall be of the opinion that any
public
utility is failing or omitting or about to fail or omit to do anything
required of it by law or by any order, decision, rule, regulation,
direction, or requirement of the Commission, issued or made under authority
of this Act, or is doing anything or about to do anything or permitting
anything or about to permit anything to be done contrary to or in
violation of law or any order, decision, rule, regulation, direction, or
requirement of the Commission, issued or made under authority of this Act,
the Commission shall file an action or proceeding in the circuit court
in and for the county in which the case or some part thereof arose, or in
which the person or corporation complained of, if any, has its principal
place of business, or in which the person complained of, if any, resides,
in the name of the People of the State of Illinois, for the purpose of
having the violation or threatened violation stopped and prevented, either
by mandamus or injunction.
The Commission may express its opinion in a
resolution based upon whatever facts and evidence have come to its
attention and may issue the resolution ex parte and without holding any
administrative hearing before bringing suit. Except in cases involving an
imminent threat to the public health or public safety, no such resolution shall
be adopted until 48 hours after the public utility has been given notice of (i)
the substance of the alleged violation, including a citation to the law or
order,
decision, rule, regulation, or direction of the Commission alleged to have been
violated and (ii) the time and date of the meeting at which such resolution
will first be before the Commission for consideration.
The Commission shall file the action or
proceeding by complaint in the circuit court alleging the violation or
threatened violation complained of and praying for appropriate relief by
way of mandamus or injunction. It shall thereupon be the duty of the court
to specify a time, not exceeding 20 days after the service of the copy of
the complaint, within which the public utility complained of must answer
the complaint, and in the meantime said public utility may be restrained. In
case of default in answer, or after answer, the court shall immediately
inquire into the facts and circumstances of the case. Such corporation or
persons as the court may deem necessary or proper to be joined as parties,
in order to make its judgment or order effective, may be joined as
parties. The final judgment in any action or proceeding shall
either
dismiss the action or proceeding or grant relief by mandamus or
injunction or be made permanent as prayed for in the
complaint, or in
such modified or other form as will afford appropriate relief. An appeal
may be taken from such final judgment as in other civil cases.
(Source: P.A. 93-457, eff. 8-8-03.)
Notes of Decisions
Cited in 3
cases, 2014–2017 · leading case: Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2017).
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2017). “If the corporation were to proceed without first obtaining regulatory approval and was subsequently found to be a public utility within the meaning of the Public Utilities Act and operating without the requisite legal authorization, the Illinois Commerce Commission could bring…”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “The Commission has the duty to ensure regulated utilities obey the Public Utilities Act and other statutes, except where enforcement duties are “specifically vested in some other officer or tribunal.” 220 ILCS 5/4-201 (West 2008).”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “The Commission has the duty to ensure regulated utilities obey the Public Utilities Act and other statutes, except where enforcement duties are “specifically vested in some other officer or tribunal.” 220 ILCS 5/4-201 (West 2008).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|