Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. State Corp. Commission

New Mexico Supreme Court

Decided February 15, 1982No. 13825Published

1Opinion of the Court

OPINION

EASLEY, Chief Justice.

The State Corporation Commission (Commission) held a public hearing to determine whether a railroad crossing should be reopened by Atchison, Topeka and Santa Fe Railway Company (Santa Fe). The Commission ordered Santa Fe to reopen the crossing. Santa Fe filed for removal to this Court. We reverse.

The question presented to us is whether the public convenience and necessity, considering the interests and rights of both the public and the railroad, warrant the reopening of the railroad crossing.

The Town of Elida, primarily a farming and ranching community, is located…

2Cases cited3 opinions

  1. Seward v. Denver & Rio Grande RailroadNew Mexico Supreme Court · 1913
  2. Southern Pacific Co. v. State Corporation Com'nNew Mexico Supreme Court · 1966
  3. In Re Protest Against the Closing of Crossing Nine Poles SouthNew Mexico Supreme Court · 1933

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