Norfolk Southern Railway Co. v. City of Pittsburgh

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The City of Pittsburgh appeals the District Court’s order granting a preliminary injunction in favor of Norfolk Southern Corporation. We will affirm.

I

The facts and procedural history of this case are well-known to the parties and are thoroughly set forth in the Magistrate Judge’s Report and Recommendation (R&R). Hence, we briefly summarize the factual background of the case and limit our discussion to our ratio decidendi.

A portion of the hillside under Corfu Street in Pittsburgh (“the City”) rests upon a partially eroded, prehistoric landslide. The…