Department of Transportation v. Soo Line Railroad

Section 18c — 7401(3) of the Illinois Commercial Transportation Law (Transportation Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c—7401(3)) forbids construction of a road, highway, or street across the track of any rail carriers without first obtaining approval of the Illinois Commerce Commission (Commission). On May 3, 1988, Illinois Department of Transportation (IDOT) filed a petition with the defendant Commission seeking permission to construct an “at-grade” highway crossing at the intersection of the tracks of defendant Soo Line Railroad Company (Soo Line) and proposed relocated routes…