Federal Appeals Court: Canadian National Must Build Underpasses

Crain's Chicago Business is reporting that Canadian National Railway must build underpasses at two railroad crossings, including one at Ogden Avenue near Aurora.

A unanimous federal appeals court Tuesday upheld conditions imposed on a controversial Chicago-area rail merger in 2008, requiring Canadian National Railway Co. to pay $68 million to cover most of the cost of building two suburban underpasses to ease traffic jams, Crain's reported.

The ruling means that the railway has to pay 67 percent of the cost of a grade separation at Ogden Avenue near Aurora and 78.5 percent of a grade separation at Lincoln Highway in Lynwood, conditions the Montreal-based railroad said were “arbitrary and capricious.” The railway company had argued that at most it should have to pay only 5 percent, the Crain's story reported.

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