EAGLE MARINE INDUSTRIES v. UNION PACIFIC R.

No. 102462.

882 N.E.2d 522 (2008)

227 Ill.2d 377

EAGLE MARINE INDUSTRIES, INC., et al., Appellees, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Illinois.

January 25, 2008.


Attorney(s) appearing for the Case

Thomas E. Jones, Heath H. Hooks, of Thompson Coburn LLP, Belleville, Hugh C. Griffin, Stevie A. Starnes, of Hall Prangle & Schoonveld, LLC, Adam L. Frankel, of Lord, Bissell & Brook LLP, all of Chicago, for appellant.

Stephen R. Wigginton, J. Brian Manion, of Weilmuenster & Wigginton, P.C., Christopher Cueto, all of Belleville, for appellee.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Michael A. Scodro, Deputy Solicitor General, Chicago, of counsel), intervenor-appellee.

Richard E. Boyle, Michael C. Hermann, of Gundlach, Lee, Eggmann, Boyle & Roessler LLC, Belleville (Louis P. Warchot, Daniel Saphire, Washington, D.C., of counsel), for amicus curiae Association of American Railroads.


OPINION

Justice BURKE delivered the judgment of the court, with opinion:

Plaintiffs, Eagle Marine Industries, Inc., River City Landscape Supply, Inc., and ConAgra Foods, Inc., doing business as Peavy Company, filed a complaint for injunctive relief against defendant, Union Pacific Railroad Company. Plaintiffs sought to enjoin and restrain defendant from obstructing a railroad grade crossing located on Monsanto Avenue west of Route 3 in Sauget, Illinois,...

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