Swinomish Indian Tribal Community v. BNSF Railway Co.

ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

Robert S. Lasnik, United States District Judge

This matter comes before the Court on plaintiffs “Amended Motion for Summary Judgment” (Dkt. # 58) and defendant “BNSF Railway Company’s Cross-Motion for Partial Summary Judgment” (Dkt. # 63). Plaintiff filed this suit in April 2015 alleging that defendant breached a Right-of-Way Easement Agreement (“Easement Agreement”), asserting claims of breach of contract and trespass, and seeking damages, declaratory judgment, and injunctive relief. Defendant raised preemption as an affirmative defense,…