CSX Transp., Inc. v. City of Sebree

COLE, Chief Judge.

In 1966, the City of Sebree, Kentucky (the "City") enacted an ordinance requiring CSX Transportation, Inc.'s ("CSX") predecessor to obtain approval from city council before commencing any maintenance or construction project that would result in any change in grade at any of the six railroad crossings in Sebree. After a dispute surrounding the ordinance in 1979, the predecessor railroad company and the City entered into a settlement agreement whereby the rail company agreed not to raise the height of one crossing by more than 0.4 feet and not to raise the height of another…