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VILLAGE OF MUNDELEIN v. WISCONSIN CENT.

No. 103543.

882 N.E.2d 544 (2008)

227 Ill.2d 281

The VILLAGE OF MUNDELEIN, Appellant, v. WISCONSIN CENTRAL RAILROAD, Appellee.

Supreme Court of Illinois.

January 25, 2008.

Attorney(s) appearing for the Case

Lawrence R. LaLuzerne, of Smith & LaLuzerne, Waukegan, for appellant.

Michael J. Barron, Jr., of Fletcher & Sippel, LLC, Chicago, for appellee.

Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.

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 KILBRIDE delivered the judgment of the court, with opinion:

Defendant, Wisconsin Central Railroad (Wisconsin Central), was issued a citation for violating an ordinance enacted by plaintiff, the Village of Mundelein (Village), prohibiting obstruction of a railroad-highway grade crossing. Following a bench trial, the trial court found Wisconsin Central guilty of violating the ordinance and imposed a fine of $14,000 plus costs. The appellate...

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