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VILLAGE OF ARLINGTON HGTS. v. COMMERCE COM.

No. 77-1105.

64 Ill. App.3d 364 (1978)

380 N.E.2d 812

THE VILLAGE OF ARLINGTON HEIGHTS, Plaintiff-Appellee, v. ILLINOIS COMMERCE COMMISSION et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Modified on denial of rehearing September 22, 1978.

Attorney(s) appearing for the Case

Louis T. Duerinck and Stuart F. Gassner, both of Chicago, for appellants.

Jack M. Siegel, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendant Chicago and North Western Transportation Company (C&NW) appeals from a judgment which found that the Illinois Commerce Commission (ICC) order that a grade crossing be installed across a portion of C&NW's railroad tracks was a proper exercise of the police power and did not entitle the railroad to any compensation. On appeal, C&NW contends that although the authorization...

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