Veterans Travel Club of Western Illinois University v. Illinois Commerce Commission

• Decision Date: 31 October 1973
• Docket Number: 12360,Nos. 12265,s. 12265
• Citation: 15 Ill.App.3d 116,303 N.E.2d 142
• Parties: VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant. CROWN TRANSIT LINES, INC., Complainant-Appellant, v. VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al., Respondents- Appellees. VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al., Plaintiffs- Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 142

303 N.E.2d 142

15 Ill.App.3d 116

VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al., Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant.

CROWN TRANSIT LINES, INC., Complainant-Appellant, v. VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al.,

Respondents- Appellees.

VETERANS TRAVEL CLUB OF WESTERN ILLINOIS UNIVERSITY et al., Plaintiffs- Appellees, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellant.

Nos. 12265, 12360.

Appellate Court of Illinois, Fourth District.

Oct. 31, 1973.

William J. Scott, Atty. Gen., Chicago, Peter A. Fasseas, Sp. Asst. Atty. Gen., for appellant in 12265; Robert H. Wiorski and James R. Sullivan, Asst. Attys. Gen., of counsel.

Robert T. Lawley, Routman & Lawley, Springfield, for appellees in both cases.

Olsen & Miller, Springfield, for Crown Transit.

SIMKINS, Justice.

The captioned appeals are consolidated for opinion. This court, on its own motion, entered a rule on the appellant, Illinois Commerce Commission, to show cause why its appeal should not be dismissed for want of a final, appealable order. Appellant Crown Transit Lines, Inc., was ruled to show cause why its appeal should not be dismissed for want of a final appealable order and for want of status to prosecute the appeal.

In early 1971, the Veterans Travel Club of Western Illinois University, Macomb, Illinois, was organized to provide transportation for its members between the University and Chicago. The club received a $3.00 profit on every member transported but leased transporting equipment from the General Coach Co. On September 22, 1971, a Temporary Certificate of Public Convenience and Necessity was issued to Crown Transit Lines, Inc. On May 24, 1972, a Permanent Certificate of Public Convenience and Necessity was issued to Crown Transit Lines, Inc., granting authority to operate between Macomb, Illinois and Chicago. On December 28, 1971, Crown filed a complaint with the Illinois Commerce Commission praying that Veterans and General Coach Co. be required to cease and desist from operating a transportation service in direct competition with Crown's authorized service. On September 20, 1972, the commission entered an order requiring Veterans and General Coach Co. to cease further operations because they were operating as public utilities engaged in the transportation of persons as common carriers in direct violation of certain provisions of the Public Utilities Act. Ill.Rev.Stat. ch. 111 2/3 (1971).

On December 4, 1972, Veterans and General Coach filed a notice of appeal to the circuit court of Sangamon County. On January 18, 1973, Crown petitioned the circuit court for leave to intervene for the purpose of seeking enforcement of the commission order. On February 1, 1973, the circuit court held it lacked jurisdiction and dismissed the appeal because of a provision in Ill.Rev.Stat. ch. 111 2/3, sec. 72 (1971) that appeal of any commission order must be made 'to the circuit court of the county in which the subject-matter of the hearing is situated,' and it appeared that the subject matter of the present hearing did not transpire in Sangamon County. After a motion to reconsider the circuit court on February 22, 1973, entered an order transferring the appeal to the circuit court of McDonough County pursuant to Ill.Rev.Stat. ch. 110, sec. 10(2) (1971). It is this order that is being appealed here. We dismiss the appeals for lack of a final order and for Crown's lack of status as a party appellant.

The order of the circuit court from which an appeal is taken must be a final order for this court to have jurisdiction under either Supreme Court rule 301 or sec. 73 of the Public Utilities Act. It is not contended that the order appealed from falls within any of the exceptions contained in Supreme Court Rules 306 or 307.

A final order must terminate the litigation between the parties on the merits or must dispose of the rights of the parties upon the entire controversy or upon some definite part thereof. Brauer Machine and Supply Co. v. Parkhill Truck, 383 Ill. 569, 50 N.E.2d 836 (1943); Sebree v. Sebree, 293 Ill. 228, 127 N.E. 392 (1920). In Village of Niles v. Szczesny, 13 Ill.2d 45, 147 N.E.2d 371 (1958) our Supreme Court first held that an order transferring a cause from one court to another is not a final and appealable order. In Village of Niles defendant had been found guilty of violating a fire ordinance by the police magistrate and appealed to the superior court of Cook County. That court held that it was without...