State appealed decision of the Illinois Commerce Commission granting water utility’s request for approval of its annual reconciliation of purchased water and purchased sewage treatment surcharges. The Appellate Court dismissed appeal as untimely. State petitioned for leave to appeal and Commerce Commission filed separate petition to appeal as a matter of right or for leave to appeal, both of which were granted and appeals were consolidated.
The Supreme Court of Illinois held that 35-day period specified in Public Utilities Act, rather than 30-day period in court rule, applied to review of decision of Commerce Commission.