Village of Belle Rive v. Illinois Central R.R. Co.

Court properly dismissed Village's declaratory judgment action requesting judgment declaring that ordinance created a perpetual easement in favor of village over railroad tracks on certain streets and that railroad must maintain the bridges at those locations at its sole expense. Ordinance is void, as subject matter of ordiancne is subject to plenary and exclusive jurisdiction of Illinois Commerce Commission (ICC). When Public Utilities Act became effective, muncipalities ceased to have power to pass new ordinances or to enforce existing ordinances as to matters that the Act placed within exclusive jurisdiction of ICC.(WELCH and GOLDENHERSH, concurring.)