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· 12/18/2008

Adrian & Blissfield Railroad v. Village of Blissfield

Citations

  • 550 F.3d 533
  • 2008 U.S. App. LEXIS 25761
  • 2008 WL 5245679

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that state law will be pre-empted if it serves to prevent the railroad from carrying out its operations
  • holding that state law will be pre-empted if it serves to prevent the railroad from carrying out its operations
  • holding Michigan statute requiring railroads to construct, or compensate municipalities for construction of, sidewalks across railway crossings was not impliedly preempted by ICCTA
  • identifying circumstances for proving a law is “preempted as applied” and “requir[ing] a factual assessment” (emphasis in original, internal quotation marks and citations omitted)
  • “Regarding the unreasonable-burden prong, the substance of the regulation must not be so draconian that it prevents the railroad from carrying out its business in a sensible fashion.” (cleaned up)
  • \We doubt whether increased operating costs are alone sufficient to establish 'unreasonable' interference with railroad operations.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Clay, Schwarzer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.