(220 ILCS 15/5) (from Ch. 96 1/2, par. 5505)
Sec. 5.
Any person directly affected by the order of the Commission shall
have the right to bring a civil action to test the lawfulness and
reasonableness of the order by filing a complaint in the Circuit Court of
the county in which the proposed storage area or any part thereof, may lie,
against the Commission or the members thereof as defendants, for review of
such order. Such action shall be brought within 30 days of the
entry of the order by the Commission and in the event no such action is
filed within that time, the order of the Commission shall be final. In such
action the court may stay the order of the Commission until the court shall
enter its judgment. In such action the burden of proof shall be upon the
party complaining of such order and such order shall be deemed prima facie
valid. Any person directly interested in the subject matter may, in the
discretion of the court, be permitted to intervene in such action. Any
party to such action may offer in evidence all or any part of the record of
the hearing before the Commission, and any other relevant evidence. The
practice, pleading and proceedings in such action, which shall be equitable
in nature, shall conform to the rules prescribed by the Civil Practice
Law as far as the same may be applicable. The court
shall have
jurisdiction to enter a judgment affirming or setting aside the order, or
remanding the cause to the Commission with directions to modify such order
so that it shall conform to this Act. Such action shall
have precedence over other matters before the court. Appeals may be taken
by any party to such action in the same manner and to the same extent as in
other civil actions.
(Source: P.A. 82-783.)
|