City of Des Plaines v. Chicago & North Western Railway Co.

The defendant, Chicago and North Western Railway Company (hereinafter North Western), appeals from a judgment of the circuit court, sitting without a jury, finding it guilty of 18 violations of the City of Des Plaines noise-control ordinance.

The defendant contends that (1) the city ordinance is in direct conflict with the Illinois Pollution Control Board Noise Regulations, and is therefore preempted by same and unenforceable; and, alternatively, if the city ordinance is enforceable, that (2) the section which the defendant was found to have violated does not prohibit the noise which formed…