Docket No. 99380-Agenda 24-September 2005.

BIG SKY EXCAVATING, INC., et al., Appellees, v. ILLINOIS
BELL TELEPHONE COMPANY et al., Appellants.

Opinion filed December 1, 2005.

JUSTICE KARMEIER delivered the opinion of the court:

Plaintiffs brought an action in the circuit court of MadisonCounty challenging the constitutionality of section 13-502.5 of thePublic Utilities Act (220 ILCS 5/13-502.5 (West 2002)), whichabated proceedings then pending before the Illinois CommerceCommission and mandated that $90 million be refunded to certaincustomers of telecommunication services. On plaintiffs' motion forsummary judgment, the circuit court declared section 13-502.5 invalidon the grounds that it violated the prohibition against speciallegislation set forth in article IV, section 13, of the IllinoisConstitution of 1970 (Ill. Const. 1970, art. IV,