Northern Indiana Commuter Transportation District v. Chicago Southshore & South Bend Railroad

OPINION

BAILEY, Judge

Case Summary

Northern Indiana Commuter Transportation District (CNICTD") appeals the trial court's refusal to overturn an arbitration panel's ruling determining the extent of a maintenance-of-way fee (CMOW fee") payable by Chicago SouthShore and South Bend Railroad ("SouthShore") to NICTD pursuant to an agreement between the parties. We reverse.

Issue

The issue before us is whether the arbitration panel's interpretation of the MOW Fee adjustment provision in the parties's agreement was erroneous. 1

Facts and Procedural History

NHICTD is an Indiana municipal corporation formed…