Village of Mundelein v. Wisconsin Central Railroad

Following a bench trial, defendant, Wisconsin Central Railroad, was found guilty of violating an ordinance enacted by plaintiff, the Village of Mundelein (the Village), prohibiting the obstruction of a highway at a railroad grade crossing. The trial court fined defendant $14,000 plus costs. Defendant timely appeals, contending that the Village’s enforcement and application of its ordinance is preempted by the Federal Railroad Safety Authorization Act of 1994 (the FRSA) (49 U.S.C. §20101 et seq. (2000 & Supp. II 2002)). For the reasons that follow, we reverse the trial court’s judgment and…