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DEPT. OF TRANSP. v. ILLINOIS COMM. COMM'N

No. 1-92-1581.

639 N.E.2d 1343 (1994)

266 Ill.App.3d 569

203 Ill.Dec. 524

The DEPARTMENT OF TRANSPORTATION ex rel. PEOPLE of the State of Illinois, Plaintiff-Appellant, v. ILLINOIS COMMERCE COMMISSION, Chicago & Northwestern Transportation Company, Inc., Patrick Media Group, Inc., Classic Advertising, Inc., Continental Illinois National Bank & Trust Company of Chicago, Midwestern Railroad Properties, Inc., Guaranty Trust Company of New York, United States of America, The Secretary of Transportation, The Administrator of the Federal Railroad Administration, American National Bank & Trust Company of Chicago, and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

August 29, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen. of the State of IL, of Chicago (Richard A. Redmond, Robert S. Hirschhorn of McBride, Baker & Coles, Sp. Asst. Attys. Gen., of counsel), for appellant.

Thomas F. Flanagan and Stuart F. Gassner, Chicago, for appellee Chicago & Northwestern Transp. Co.

Diana G. Collins, Sp. Asst. Atty. Gen., Chicago, for appellee Illinois Commerce Com'n.

NONE, for appellees Patrick Media Group, Inc., Classic Advertising, Inc., Continental Illinois National Bank & Trust Co. of Chicago, Midwestern R.R. Properties, Inc., Guaranty Trust Co. of New York, U.S. of America, the Secretary of Transp., the Adm'r of the Federal R.R. Admin., American Nat. Bank & Trust Co. of Chicago, and Unknown Owners.

Justice BUCKLEY delivered the opinion of the court:

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...

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