Allied Erecting & Dismantling Co., Inc. v. Surface Transp. Bd.

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East of Youngstown’s Center Street Bridge, Allied owns land containing the “LTV tracks.” Mahoning Railroad Company has an easement to use those tracks. Mahoning began parking rail cars on the tracks, which Allied considered a violation of the easement. A state court referred the matter to the Surface Transportation Board. Allied challenged the Board’s jurisdiction, arguing that the tracks were “spur, side, or industrial tracks,” excepted tracks under 49 U.S.C. 10906. The Board concluded (erroneously) that it had previously authorized Mahoning to provide common-carrier service using the LTV tracks; that Mahoning, therefore, was a “railroad carrier”; and that the easement did not forbid the use. Allied introduced an affidavit from a former Mahoning employee, asserting that the LTV tracks had been built as part of a strictly in-plant system and were never subject to Board control, then argued that the LTV tracks were private tracks outside the Board’s jurisdiction, rather than excepted tracks. The Board agreed that it had not authorized Mahoning to use the tracks, but concluded that the LTV tracks were mainline tracks, over which it had jurisdiction. Because Allied waited five years to clarify its position, the Board did not consider the “new evidence” and reaffirmed. Mahoning alleges that it owns lot 62188, west of the bridge; Allied alleges that it bought the lot and sought to evict Mahoning. The Board concluded that the 62188 tracks are either excepted or mainline tracks, within its jurisdiction, and remanded to state court for determination of land title. The Sixth Circuit denied an appeal. Mahoning’s use of the tracks fits the statutory definition of “transportation by rail carrier . . . by railroad” and is within the Board’s jurisdiction View "Allied Erecting & Dismantling Co., Inc. v. Surface Transp. Bd." on Justia Law