Legal Opinion
Tri-City Railroad Company v. State of WA Utilities and Transportation
Court of Appeals of Washington
Decided June 16, 2016No. 33031-1-IIIPublishedCited by 2 opinions
1Opinion of the Court
[As amended by order of the Court of Appeals July 19, 2016.]
Siddoway, J.
¶1 — Since 1937, Washington law has assigned to the Washington Utilities and Transportation Commission or a predecessor commission 1 the authority and responsibility to grant or deny the right to construct, at grade, a railroad across a road, or a road across a railroad. Other than providing that the commission must require a crossing over or under grade if it is practicable to construct one, applicable statutes do not identify criteria the commission should apply in granting or denying a petition for approval of an…
2Cases cited24 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
- State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
- State v. JacobsWashington Supreme Court · 2005
- City of Redmond v. Central Puget Sound Growth Management Hearings BoardWashington Supreme Court · 1998
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3Cited by2 opinions
- Palmer D. Strand, et ux v. Washington State Board of Tax AppealsCourt of Appeals of Washington · 2020
- Tri-City R.R. Co. v. Utils. & Transp. Comm'nWashington Supreme Court · 2016