City of Ozark, AR v. Union Pacific Railroad Co.

The City filed suit against Union Pacific in state court, seeking an order requiring Union Pacific to restore a public at-grade rail crossing or, alternatively, allowing the City to condemn Union Pacific’s land across that public crossing. The district court granted the City summary judgment and a permanent injunction, rejecting Union Pacific’s contention that the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. 10501(b), grants the Surface Transportation Board (STB) exclusive jurisdiction over the City’s claims. The court concluded that ICCTA’s express preemption provision applies to this dispute; Union Pacific has made a strong showing that the remedy the City seeks would “impede rail operations or pose undue safety risks,” the STB’s governing preemption standard; and therefore the court remanded with instructions for the district court to rule on Union Pacific’s motion to dismiss the City’s amended complaint for lack of jurisdiction unless the City obtains a ruling from the STB that it lacks or declines exclusive jurisdiction over this dispute. View "City of Ozark, AR v. Union Pacific Railroad Co." on Justia Law