Legal Opinion

City of Marietta v. CSX Transportation, Inc.

Supreme Court of Georgia

Decided July 10, 2000No. S00Q0515PublishedCited by 6 opinions

1Opinion of the Court

Fletcher, Presiding Justice.

CSX Transportation leases the Western and Atlantic Railroad from the State of Georgia, which owns the railroad right-of-way.1 After CSX closed two pedestrian crossings in the City of Marietta, the city sued CSX to reopen them. The district court granted summary judgment to CSX, and the city appealed to the Eleventh Circuit Court of Appeals, which certified the following question to this Court: *613“Can the public acquire a right against the State of Georgia, and hence against its lessee CSX, to use the crossings at Depot and Dobbs Streets?” Because there can be no…

2Cases cited9 opinions

  1. Healey v. City of AtlantaSupreme Court of Georgia · 1906
  2. Western & Atlantic Railroad v. GraySupreme Court of Georgia · 1931
  3. Norrell v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1902
  4. Odd Fellows v. City of ThomasvilleSupreme Court of Georgia · 1970
  5. Louisville & Nashville Railroad v. HamesSupreme Court of Georgia · 1910

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3Cited by6 opinions

  1. City of Marietta v. Csx Transportation, Inc.Court of Appeals for the Eleventh Circuit · 2000
  2. LESLIE MCCLOUD-PUE, OF THE ESTATE OF ANNETTE CAVANAUGH-MCCLOUD v. ATLANTA BELTLINE INC.Court of Appeals of Georgia · 2022
  3. Lavender Health Care, LLC v. Redstone LLCDistrict Court, M.D. Florida · 2021
  4. Marietta v. CSX TransportationCourt of Appeals for the Eleventh Circuit · 1999
  5. The State of Georgia v. Nofree, LLCCourt of Appeals of Georgia · 2024

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