The Chicago & North Western first operated to Oak Park, IL in 1848. Over the years the CNW and later the Union Pacific staged trains at Oak Park due to METRA traffic and to get on/off the Rockwell Subdivision to get to Global One and connect with the CSX & NW.
Come the 2000's Oak Park allowed a developer to build to pricy condo's next to the tracks. Once resident didn't like the sound of the engines or mechanical reefers. She complained to several agencies, but none found the UP was violating any noise or pollution ordinances. Not satisfied she began to write the UP's CEO & Board of Directors on a weekly basis. This being the 21st Century, they yielded and we were ordered not to park trains there any longer.
Does Oak Park bare any responsibility for allowing residential construction in a known RR corridor? Same goes for other towns with similar complaints. I'm of the opinion that if you're operating a legal business in are otherwise in compliance with all existing ordinances than you should be exempt from any nucinse lawsuit.