Norfolk Southern Railway Co. v. Brown

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered March 8, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents which established final railroad ceiling valuations for certain of petitioner’s 2003 real property tax assessments.

Prior to 2002, the RPTL had a mechanism for establishing ceilings on railroad real property tax assessments. The ceilings were based, in part, on the profitability of individual railroads. In order to encourage railroad companies to make additional…