Legal Opinion
Anderson v. BNSF Railway Co.
Supreme Court of Arkansas
Decided January 30, 2009No. 08-232PublishedCited by 6 opinions
1Opinion of the Court
ELANA CUNNINGHAM WILLS, Justice.
This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Santa Fe Railway Company (BNSF) to reopen a private “at-grade” railroad crossing. 1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission’s jurisdiction in this instance; therefore, we vacate the Commission’s order.
The private railroad crossing at issue in this case is located between the cities of Hoxie and Walnut Ridge and has been in existence for over…
2Cases cited15 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- English v. General Electric Co.Supreme Court of the United States · 1990
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
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3Cited by6 opinions
- City of Ozark, AR v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2016
- City of Cayce v. Norfolk Southern Railway Co.Supreme Court of South Carolina · 2011
- State v. CSX Transp., Inc.Ohio Supreme Court · 2022
- State v. CSX Transp., Inc.Ohio Supreme Court · 2022
- State v. CSX Transp., Inc.Ohio Supreme Court · 2022
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