Eagle Marine Industries, Inc. v. Union Pacific Railroad

The circuit court of St. Clair County entered an order enjoining defendant, Union Pacific Railroad Company (Union Pacific), from obstructing a grade crossing located on Monsanto Avenue, a public road in Sauget, Illinois, for more than 10 minutes in accordance with section 18c — 7402(l)(b) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/18c — 7402(l)(b) (West 2002)). On appeal, Union Pacific contends that the circuit court erred in entering the injunction because (1) plaintiffs do not have a private right of action under section 18c— 7402(1)(b) of the Vehicle Code, (2) the action is…