Legal Opinion

Village of Ridgefield Park v. New York, Susquehanna & Western Railway Corp.

Supreme Court of New Jersey

Decided April 5, 2000PublishedCited by 35 opinions

1Opinion of the Court

The opinion of the Court was delivered by

STEIN, J.

This appeal requires the Court to decide the extent to which the Interstate Commerce Commission Termination Act of 1995 (ICC-TA), 49 U.S.C.A. §§ 701 to 727 and §§ 10101 to 16106, preempts the state regulation of railroads. Plaintiff Village of Ridgefield Park (Village) alleges that Defendant New York, Susquehanna and Western Railway Corporation (Railroad) is maintaining a nuisance at its facility in the Village. The Village seeks to enjoin that nuisance and to regulate the Railroad facility pursuant to generally applicable health, safety,…

2Cases cited5 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Martinez v. CaliforniaSupreme Court of the United States · 1980
  3. Franklin Tower One, L.L.C. v. N.M.Supreme Court of New Jersey · 1999
  4. Maisonet v. New Jersey Department of Human Services, Division of Family DevelopmentSupreme Court of New Jersey · 1995
  5. Ridgefield Park v. NY & Western Ry.New Jersey Superior Court Appellate Division · 1999

3Cited by35 opinions

  1. Norfolk Southern Railway Co. v. City of AlexandriaCourt of Appeals for the Fourth Circuit · 2010
  2. New York Susquehanna and Western Railway Corp. v. JacksonCourt of Appeals for the Third Circuit · 2007
  3. Green Mountain Railroad Corporation v. State Of VermontCourt of Appeals for the Second Circuit · 2005
  4. Miami County Board of Commissioners v. Kanza Rail-Trails Conservancy, Inc.Supreme Court of Kansas · 2011
  5. Muise v. GPU, INC.New Jersey Superior Court Appellate Division · 2000

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