In Re Appeal of Vermont Railway
Supreme Court of Vermont
1Opinion of the CourtMorse, J.
Vermont Railway appeals the environmental court’s ruling on summary judgment in favor of the City of Burlington. The court determined that the majority of permitting conditions imposed on a facility located at 207 Flynn Avenue in Burlington and owned by Vermont Railway are not preempted by federal legislation. Vermont Railway raises numerous issues on appeal, but essentially argues that the application of the City of Burlington’s zoning ordinances to its facility at 207 Flynn Avenue is preempted entirely by the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. §§ 10101-16106.…
2Cases cited15 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
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- In re Bernice LandrySupreme Court of Vermont · 2015
- Home of Economy v. Burlington Northern Santa Fe RailroadNorth Dakota Supreme Court · 2005
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