The Appellate Court of Illinois ruled on November 4, 2026, in favor of the Justice-Willow Springs Water Commission, affirming the lower court's decision to grant summary judgment against B&D Investment Group, LLC, in a dispute over the consolidation of water meters at a strip mall owned by B&D. The court's ruling impacts B&D, which argued that the consolidation violated its rights under the equal protection clause.

B&D Investment Group owns a strip mall in the Village of Justice, Illinois. The Justice-Willow Springs Water Commission is a municipal utility that provides water service to the village. The dispute arose when the water commission notified B&D in January 2021 of its intention to reduce the number of water meters at the strip mall from eight to one. This change aimed to lower administrative costs associated with billing for water usage. B&D opposed this decision, claiming it unfairly targeted their property while leaving other similar strip malls unaffected.

The case began when B&D filed an initial complaint in June 2021 after the water commission threatened to terminate water service if B&D did not comply with the consolidation. B&D's complaint included claims that the commission's actions violated the equal protection clause and were arbitrary and capricious. After the circuit court dismissed the initial complaint, B&D appealed, leading to a ruling that allowed the case to proceed. B&D then filed an amended complaint, which reiterated its claims against the commission.

During the legal proceedings, B&D argued that the water commission's decision to consolidate its meters was discriminatory, as other strip malls in the village were not required to make similar changes. In response, the water commission provided evidence that B&D's strip mall had a significantly higher number of delinquent water bills compared to other strip malls, indicating a rational basis for their decision. The commission's executive director testified that the consolidation would reduce administrative costs and improve efficiency.

The court ultimately ruled in favor of the water commission, stating, "The comparator malls are neither identical nor directly comparable to [plaintiff’s strip mall] in any material respect." The judges noted that B&D's strip mall had unique issues, such as a high number of delinquent accounts and tenant disputes, which justified the different treatment. The court found that B&D had failed to demonstrate that it was similarly situated to the other strip malls and that the commission's decision was not arbitrary or capricious.

The ruling has significant implications for B&D, as it means the water commission can proceed with the consolidation of water meters without facing legal challenges from the strip mall owner. The court also affirmed that B&D was not entitled to injunctive relief since its underlying claims were unsuccessful.

This decision underscores the importance of demonstrating equal treatment under the law, particularly in cases involving municipal utilities and their regulatory decisions. The ruling may set a precedent for similar disputes involving municipal services and equal protection claims in Illinois.

Looking ahead, it is unclear if B&D will seek further appeals regarding this ruling. The court's decision appears to close the chapter on this specific dispute but does not preclude the possibility of future legal action should circumstances change.