Bingham Township v. Rltd Railroad Corporation

Plaintiff Bingham Township appeals as of right the circuit court’s order granting summary disposition to defendants RLTD Railroad Corporation and Leelanau Trails Association, Inc. (lta), and denying plaintiff’s request for a preliminary injunction. We affirm.

i

RLTD owns a railroad corridor, approximately one hundred feet wide and fifteen miles long, that traverses plaintiff. The National Trails System Act (nta) provides that jurisdiction over such rail corridors is vested with the Interstate Commerce Commission, which has subsequently become known as the Federal Surface Transportation Board…