(Download) "Watkins v. Martin" by Illinois Appellate Court — First District (1St Division) Judgment Affirmed " Book PDF Kindle ePub Free
eBook details
- Title: Watkins v. Martin
- Author : Illinois Appellate Court — First District (1St Division) Judgment Affirmed
- Release Date : January 31, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff, Mel Gunther, a taxpayer residing in the city of Chicago (the City), filed this class action suit on his own behalf and on behalf of all taxpayers residing in the City, challenging the right of defendants, Commonwealth Edison Company, Peoples Gas Light and Coke Co., Illinois Bell Telephone Company, and Northern Illinois Gas Company, to retain interest earned on money paid by the taxpayers to defendants as a utilities service charge pursuant to section 36(a) of the Public Utilities Act (the Act) (Ill. Rev. Stat. 1981, ch. 111 2/3, par. 36(a)), which serves to offset the economic burden of the municipal utility tax imposed on defendants by the City pursuant to section 8-11-2 of the Illinois Municipal Code (the Code) (Ill. Rev. Stat. 1981, ch. 24, par. 8-11-2). Without addressing the issues of plaintiffs standing or certification of the class, the trial court dismissed plaintiffs complaint for failure to state a claim upon which relief may be granted. On appeal, plaintiff contends that: (1) the trial court erred in dismissing his complaint on the grounds that: (a) defendants, as agents of the City, breached their duty to account for and return any profits made on the service charge; (b) retention of the interest earned constitutes unjust enrichment; and (2) plaintiff has standing to sue as a taxpayer. For the following reasons, we affirm the judgment of the trial court.
 "Watkins v. Martin" by Illinois Appellate Court — First District (1St Division) Judgment Affirmed " Book PDF Kindle ePub Free){kind=link}