Legal Opinion
Norfolk Southern Railway v. City of Roanoke
Court of Appeals for the Fourth Circuit
Decided February 15, 2019No. 18-1060PublishedCited by 10 opinions
1Opinion of the Court
DIAZ, Circuit Judge:
Plaintiff Norfolk Southern Railway appeals the district court's order granting summary judgment for Defendant City of Roanoke, Virginia and Defendant-Intervenor Chesapeake Bay Foundation in this lawsuit alleging discriminatory taxation in violation of the Railroad Revitalization and Regulatory Reform Act of 1976. The district court concluded that the City's stormwater management charge is a fee, rather than a tax. This distinction matters because only taxes are subject to challenge under the Act. For the reasons that follow, we affirm.
I
A
The City of Roanoke operates a…
2Cases cited11 opinions
- National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
- San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1992
- United States v. City of Huntington, West VirginiaCourt of Appeals for the Fourth Circuit · 1993
- Valero Terrestrial Corp. v. CaffreyCourt of Appeals for the Fourth Circuit · 2000
- DirecTV, Inc. v. TolsonCourt of Appeals for the Fourth Circuit · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env.Court of Appeals of Maryland · 2019
- Dept. of Env. v. Assateague Coastal TrustCourt of Appeals of Maryland · 2023
- American Trucking Assoc., Inc. v. AlvitiCourt of Appeals for the First Circuit · 2019
- Cashwell v. Town of Oak IslandDistrict Court, E.D. North Carolina · 2019
- Air Transport Association of America, Inc. v. FaaCourt of Appeals for the D.C. Circuit · 2019
5 more not listed; retrieve them via the Exa API.