Legal Opinion

Island Park, LLC v. CSX Transportation

Court of Appeals for the Second Circuit

Decided March 4, 2009No. 14-4449PublishedCited by 82 opinions

1Opinion of the Court

WESLEY, Circuit Judge:

Many appeals require this Court to chart the point at which state authority yields to federal power. In this case, that intersection is not merely theoretical. The question presented here is whether New York’s attempt to close a railroad crossing over a private road is pre-empted by the federal statutory scheme governing our nation’s railroads. We hold that it is not. Accordingly, we reverse the judgment of the United States District Court for the Northern District of New York (Kahn, /.).

FACTS

Plaintiff Island Park, LLC (“Island Park”) owns and operates a 400 acre nursery…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Gibbons v. OgdenSupreme Court of the United States · 1824
  4. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by82 opinions

  1. Norfolk Southern Railway Co. v. City of AlexandriaCourt of Appeals for the Fourth Circuit · 2010
  2. Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
  3. Kurtz v. Verizon New York, Inc.Court of Appeals for the Second Circuit · 2014
  4. Union Pacific Railroad v. Chicago Transit AuthorityCourt of Appeals for the Seventh Circuit · 2011
  5. Sosnowy v. A. Perri Farms, Inc.District Court, E.D. New York · 2011

77 more not listed; retrieve them via the Exa API.

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