{
  "id": 5705749,
  "name": "EAGLE MARINE INDUSTRIES, INC., et al., Appellees, v. UNION PACIFIC RAILROAD COMPANY, Appellant",
  "name_abbreviation": "Eagle Marine Industries, Inc. v. Union Pacific Railroad",
  "decision_date": "2008-01-25",
  "docket_number": "No. 102462",
  "first_page": "377",
  "last_page": "381",
  "citations": [
    {
      "type": "official",
      "cite": "227 Ill. 2d 377"
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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  "jurisdiction": {
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    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "U.S.C.",
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      "cite": "49 U.S.C. \u00a720101",
      "category": "laws:leg_statute",
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  "last_updated": "2023-07-14T16:47:56.048909+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "EAGLE MARINE INDUSTRIES, INC., et al., Appel-lees, v. UNION PACIFIC RAILROAD COMPANY, Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE BURKE\ndelivered the judgment of the court, with opinion.\nChief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.\nOPINION\nPlaintiffs, Eagle Marine Industries, Inc., River City Landscape Supply, Inc., and ConAgra Foods, Inc., doing business as Peavy Company, filed a complaint for injunc-tive 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, for more than 10 minutes under section 18c\u2014 7402(1) (b) of the Illinois Vehicle Code (625 ILCS 5/18c\u2014 7402(1)(b) (West 2004)) (the Illinois blocked-crossing provision). Defendant moved to dismiss, alleging that the Illinois blocked-crossing provision was preempted by the Federal Railroad Safety Authorization Act of 1994 (49 U.S.C. \u00a720101 et seq. (2000)) (FRSA) and the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. \u00a710101 etseq. (2000)) (ICCTA). Defendant further alleged that the blocked-crossing provision violated the commerce clause of the United States Constitution (U.S. Const., art. I, \u00a78, cl. 3). Defendant also argued that plaintiffs\u2019 claim was barred because the Illinois blocked-crossing provision does not provide for a private cause of action.\nThe circuit court denied defendant\u2019s motion to dismiss and entered a preliminary injunction, ordering defendant not to obstruct the grade crossing at Monsanto Avenue for a period of greater than 10 minutes. After conducting an evidentiary hearing, the circuit court entered a permanent injunction. In doing so, the circuit court concluded that the Illinois blocked-crossing provision was not preempted by the FRSA or the ICCTA. The circuit court further concluded that the Illinois blocked-crossing provision did not violate the commerce clause. Lastly, the circuit court found that a private right of action exists under the Illinois blocked-crossing provision.\nThe appellate court affirmed. 363 Ill. App. 3d 1166. We allowed defendant\u2019s petition for leave to appeal. 210 Ill. 2d R. 315(a). For the reasons that follow, we reverse the judgment of the appellate court.\nAnalysis\nIn Village of Mundelein v. Wisconsin Central R.R., 227 Ill. 2d 281 (2008), we held that a Mundelein village ordinance, which adopted by reference the Illinois blocked-crossing provision, was preempted by section 20106 of the FRSA. Village of Mundelein, 227 Ill. 2d at 295-96. We further held that the savings clause contained in section 20106 does not apply. Village of Mundelein, 227 Ill. 2d at 301. Accordingly, the Mundelein village ordinance was held unenforceable. Village of Mundelein, 227 Ill. 2d at 301. Village of Mundelein dictates the outcome of this case.\nAlthough Village of Mundelein involved a village ordinance, the ordinance mirrors the Illinois blocked-crossing provision at issue here. Both contain the same language and, thus, regulate \u201crailroad safety\u201d and, more particularly, the length and speed of trains. Because the ordinance and statute at issue here are identical, the analysis and conclusions set forth in Village of Munde-lein control. Accordingly, we hold that the Illinois blocked-crossing provision is preempted by section 20106 of the FRSA.\nMoreover, in Village of Mundelein, we held that the ordinance at issue violated the commerce clause of the United States Constitution. Village of Mundelein, 227 Ill. 2d at 300. The same is true here.\nBased on our conclusion that the Illinois blocked-crossing provision is preempted by the FRSA, we need not reach the issue of whether that provision provides for a private cause of action. In addition, since section 20106 of the FRSA preempts the Illinois blocked-crossing provision, we also need not reach the issue of whether the blocked-crossing provision is preempted by the ICCTA. Because the Illinois blocked-crossing provision is preempted by the FRSA, we find that the circuit court erred in denying defendant\u2019s motion to dismiss and in entering the permanent injunction in favor of plaintiffs. We therefore remand this cause to the circuit court with directions to enter an order dissolving the permanent injunction and granting defendant\u2019s motion to dismiss.\nConclusion\nFor the reasons' stated, we reverse the judgments of the appellate and circuit courts and remand the cause to the circuit court with directions.\nAppellate court judgment reversed; circuit court judgment reversed; cause remanded with directions.",
        "type": "majority",
        "author": "JUSTICE BURKE"
      }
    ],
    "attorneys": [
      "Thomas E. Jones and Heath H. Hooks, of Thompson Coburn LLE of Belleville, and Hugh C. Griffin and Stevie A. Starnes, of Hall Frangle & Schoonveld, LLC, and Adam L. Frankel, of Lord, Bissell & Brook LLE all of Chicago, for appellant.",
      "Stephen R. Wigginton and J. Brian Manion, of Weil-muenster & Wigginton, EC., and Christopher Cueto, all of Belleville, for appellees.",
      "Lisa Madigan, Attorney General, of Springfield (Gary Feinerman, Solicitor General, and Michael A. Scodro, Deputy Solicitor General, of Chicago, of counsel), intervenor-appellee.",
      "Richard E. Boyle and Michael C. Hermann, of Gund-lach, Lee, Eggmann, Boyle & Roessler LLC, of Belleville (Louis E Warchot and Daniel Saphire, of Washington, D.C., of counsel), for amicus curiae Association of American Railroads."
    ],
    "corrections": "",
    "head_matter": "(No. 102462.\nEAGLE MARINE INDUSTRIES, INC., et al., Appel-lees, v. UNION PACIFIC RAILROAD COMPANY, Appellant.\nOpinion filed January 25, 2008.\nThomas E. Jones and Heath H. Hooks, of Thompson Coburn LLE of Belleville, and Hugh C. Griffin and Stevie A. Starnes, of Hall Frangle & Schoonveld, LLC, and Adam L. Frankel, of Lord, Bissell & Brook LLE all of Chicago, for appellant.\nStephen R. Wigginton and J. Brian Manion, of Weil-muenster & Wigginton, EC., and Christopher Cueto, all of Belleville, for appellees.\nLisa Madigan, Attorney General, of Springfield (Gary Feinerman, Solicitor General, and Michael A. Scodro, Deputy Solicitor General, of Chicago, of counsel), intervenor-appellee.\nRichard E. Boyle and Michael C. Hermann, of Gund-lach, Lee, Eggmann, Boyle & Roessler LLC, of Belleville (Louis E Warchot and Daniel Saphire, of Washington, D.C., of counsel), for amicus curiae Association of American Railroads."
  },
  "file_name": "0377-01",
  "first_page_order": 389,
  "last_page_order": 393
}