Village of Mundelein v. Wisconsin Central Railroad

State: Illinois

Docket No: 103543 Rel

Case Date: 01/25/2008

Preview:Docket No. 103543.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE VILLAGE OF MUNDELEIN, Appellant, v. WISCONSIN CENTRAL RAILROAD, Appellee. Opinion filed January 25, 2008.

JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION Defendant, Wisconsin Central Railroad (Wisconsin Central), was issued a citation for violating an ordinance enacted by plaintiff, the Village of Mundelein (Village), prohibiting obstruction of a railroadhighway grade crossing. Following a bench trial, the trial court found Wisconsin Central guilty of violating the ordinance and imposed a fine of $14,000 plus costs. The appellate court reversed the trial court's judgment and vacated the fine, holding that the Village's ordinance is preempted by the Federal Railroad Safety Authorization Act of 1994 (FRSA) (49 U.S.C.

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