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Commonwealth Edison Company v. State of Illinois

37 Ill. Ct. Cl. 196 Illinois Court of Claims Filed 1984-12-14 No. 82-CC-1829
Disposition: (Nos. 82-CC-1829,83-CC-1937-Claim denied.)
Cite as: Commonwealth Edison Company v. State of Illinois, 37 Ill. Ct. Cl. 196 (1984)
General Court of Claims 37 denied 1980s Commonwealth Edison Company v. State of Illinois 37 Ill. Ct. Cl. 196 1984-12-14 (Nos. 82-CC-1829,83-CC-1937-Claim denied.) /opinions/v37-p0278-1/

COMMONWEALTH EDISON COMPANY, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment of gross charges for electricity billed to a State agency but not paid. The court found such gross charges are a penalty not recoverable from the State absent a statute subjecting it to such liability, and granted summary judgment for the respondent, denying the claim.

Claim type: Contract

Cases cited: Illinois Power Co. v. State (1975), 30 Ill. Ct. Cl. 506

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. NEIL F. HARTIGAN, Attorney General (KATHLEEN O’BRIEN,Assistant Attorney General, of counsel), for Respondent.
  2. C o m c r s - g r o s s charges for electricity constituted penalty-claim denied. The Claimant’s action seeking payment of gross charges for , electricity constituted a penalty against the State, and was therefore not recoverable, since the State is not liable for interest or penalties absent a statutory provision for such liability. i, ’

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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 1 thereto filed by the Claimant, due notice having been I given and the Court being fully advised; ,I

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[*197] 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.

Official volume 37 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1985 – July 1, 1984–June 30, 1985)  ·  All opinions in this volume  ·  Also on CourtListener

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