Forest Preserve District v. Illinois Commerce Commission

The Forest Preserve District of Du Page County filed with the Illinois Commerce Commission a petition seeking permission to construct a road at grade across the right of way of the Atchison, Topeka and Santa Fe Railway Company. The railroad’s answer alleged a lack of public convenience and necessity and the availability of a satisfactory alternate route. The Commission found that public convenience and necessity did not presently require the proposed crossing and that it would not be in the public interest, and denied the petition. The circuit court of Du Page County set aside the…