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  5. 581 N.E.2d 416 (1991)
 

DEPARTMENT OF TRANSP. v. SOO LINE R.R. CO.

No. 4-90-0844.

581 N.E.2d 416 (1991)

220 Ill. App.3d 1044

163 Ill.Dec. 465

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. SOO LINE RAILROAD COMPANY and Illinois Commerce Commission, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

October 30, 1991.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Chicago, Rosalyn B. Kaplan, Sol. Gen., Jan E. Hughes, Asst. Atty. Gen., for plaintiff-appellant.

Myra L. Karegianes, Sp. Asst. Atty. Gen., Chicago, for Ill. Commerce Com'n.

Randall V. TeWinkle, Sr. Trial Atty., Soo Line R. Co., Chicago, for Soo Line R. Co.

Justice GREEN delivered the opinion of the court:

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...

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