Legal Opinion

Florida East Coast Railway Co. v. City of West Palm Beach

District Court, S.D. Florida

Decided July 27, 2000No. 00-8198PublishedCited by 6 opinions

1Opinion of the Court

ORDER

MIDDLEBROOKS, District Judge.

The question presented in this case is whether federal law preempts a municipality’s application of its zoning and licensing ordinances to activities taking place on property owned by a railroad within the city. The railroad contends that the activities constitute an intermodal operation used by or in connection with a railroad. The city’s mayor, on the other hand, describes the activity as a rock/aggregate business unrelated to transportation, initiated as part of a real estate transaction between the railroad and its largest customer. Both the railroad and…

2Cases cited19 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. City of Mesquite v. Aladdin's Castle, Inc.Supreme Court of the United States · 1982

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3Cited by6 opinions

  1. Florida East Coast Railway Co. v. City of West Palm BeachCourt of Appeals for the Eleventh Circuit · 2001
  2. Rushing v. Kansas City Southern Ry. Co.District Court, S.D. Mississippi · 2001
  3. In Re Appeal of Vermont RailwaySupreme Court of Vermont · 2000
  4. Engelhard Corp. v. Springfield Terminal Railway Co.District Court, D. Massachusetts · 2002
  5. Florida East Coast Railway Company v. City Of West Palm BeachCourt of Appeals for the Third Circuit · 2001

1 more not listed; retrieve them via the Exa API.

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