Home of Economy v. Burlington Northern Santa Fe Railroad

MARING, Justice.

[¶ 1] Home of Economy appealed from a judgment dismissing for lack of subject matter jurisdiction its action for damages and for an injunction to require Burlington Northern Santa Fe Railroad (“BNSF”) to reopen a grade crossing in Grand Forks. We conclude the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) does not preempt state jurisdiction over grade crossings. We reverse and remand.

I

[¶ 2] In 2003, BNSF closed a grade crossing on a spur line connecting BNSF’s main line with the State Mill and Elevator in Grand Forks. The grade crossing provided access from…