Judge rejects railroad’s request for closure of Whittaker Road
By NICK VLAHOS
For The Weekly Post
The Whittaker Road railroad crossing east of Laura probably will remain open after all.
A proposed order from an Illinois Commerce Commission administrative-law judge rejected a request from BNSF Railway to close the unguarded crossing. BNSF cited safety concerns and lack of use when it asked in 2023 for the closure.
But the proposed order, which was issued March 17, sided with Millbrook Township officials who opposed the closure. They said oversized farm equipment uses the crossing regularly and proposed detours are unsafe.
David Badillo, an ICC administrative-law judge, released the order. Colleague Latrice Kirkland-Montaque presided over an evidentiary hearing in December in which each side presented its case. According to the order, parties have up to 21 days to respond if necessary.
Millbrook Township Highway Commissioner Matt Perham wasn’t sure exactly what happens next. He spoke with the township’s Peoria-based attorney, Noah Miller, who suggested parties in such cases usually have settled out of court before things get to this point.
“He was cautiously optimistic,” Perham said about Miller, who did not respond to a Weekly Post request for comment.
The commission is expected to consider the proposed order for approval. It isn’t clear when. The commission meets at least twice a month. Meeting sites alternate between Chicago and Springfield.
“To me, it’s probably less of a ruling and more of a recommendation to the board,” Perham said.
Only about 10 vehicles on average use the crossing daily at Whittaker Road, which runs north and south. But the vehicle number can approach 100 during planting and harvest seasons, according to township officials. Most of the vehicles that use the crossing are related to agriculture.
“There was clear evidence that Whittaker Road is actively used by the farmers in the area for convenience and to transport hazardous materials during the harvest season,” the order stated.
BNSF proposed traffic that uses the Whittaker Road crossing be diverted to crossings at Illinois Route 78 or Brimfield Road. But the order stated those detours are greater than the state standard of four miles, although not by much – 4.02 miles west to Route 78, 4.03 miles east to Brimfield Road.
The order also reiterated township claims about potential dangers regarding the alternative crossings. Route 78 passes under the railroad tracks. The clearing is 13 feet, 9 inches, which can be too short for some farm vehicles. Oncoming-vehicle visibility is questionable because of a dip in the road.
Visibility also can be problematic at Brimfield Road and Illinois Route 90, just north of the east-west tracks. A hill and bend on Route 90 east of the intersection can result in westbound traffic disappearing temporarily from the view of drivers on Brimfield Road.
“BNSF has failed to show how the Whittaker Road crossing is unsafe nor how the closure would increase public safety,” the order stated. “Instead, the evidence shows that public convenience and safety would be served by maintaining the Whitaker (sic) Road crossing.”
Perham appeared to take some satisfaction from the proposed order, but he lamented legal expenses that became significant for a township that has a modest budget. The ICC held multiple status hearings between the original BNSF request and the evidentiary hearing.
“The only thing that happened here was attorneys made some money and it looks like we’re going back to the way we were three years ago,” Perham said. “If this taxpayer money saves lives and stops farm accidents, I have something to smile about.”
