· 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 CourtListenerSourced 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.