Kansas City Southern Railway Co. v. Sny Island Levee Drainage District

WOOD, Chief Judge.

The Sny Island Levee Drainage District (“the District” or “Sny”) was organized in 1880 in the Circuit Court of Pike County, Illinois, to protect the District from flooding and surface water runoff from the Mississippi River. The Kansas City Southern Railway Company (“KC”) and the Norfolk Southern Railway Company (“Norfolk”) both operate main line railways over the Mississippi River Flood Plain in the District. The District is permitted under state law to assess properties within its territory in order to maintain the levees. The Railroads have now sued the District for the…