Illinois Appellate Court
Civil Court
Preemption
(Court opinion corrected 5/15/15.) Court erred in dismissing complaint per Section 2-619(a)(1), in finding that Illinois Commerce Commission (ICC) had exclusive jurisdiction over their claims against ComEd and tree service company, for removing several 25-foot pine trees from their property, which they had planted to reduce noise and dust from freight train traffic abutting their property. Although ICC has sole authority to hear complaints for violation of Section 8-505.1(a) of Public Utilities Act, that Act does not preempt property owners' rights to assert independent tort claims arising from same conduct, and does not preclude common law remedy of monetary damages otherwise available. (CONNORS and HARRIS, concurring.)