Department of Transportation ex rel. People v. Illinois Commerce Commission

On September 6, 1991, the Department of Transportation of the State of Illinois (IDOT) filed a complaint for administrative review in the circuit court of Cook County seeking to overturn a decision of the Illinois Commerce Commission (ICC). The trial judge dismissed IDOT’s complaint as statutorily time barred. IDOT filed this timely appeal.

The facts relevant to this appeal are as follows: IDOT sought to use its power of eminent domain to acquire a temporary easement over certain property owned by the Chicago & Northwestern Transportation Company, Inc. (CNW). On May 8,1991, the ICC issued an…