Burlington Northern, Inc. v. Department of Public Service

Burlington Northern, Inc. (BN) seeks a writ of prohibition to prevent the Public Service Commission of the State of Minnesota (PSC) from conducting a hearing as to the restoration of daily freight service on a branch line located entirely within Minnesota. BN contends that the PSC has no jurisdiction and that the Interstate Commerce Commission of the United States (ICC) has sole jurisdiction of this issue. The writ shall issue.

Procedurally, this matter arises out of an application by BN to the PSC to reduce agency service on the branch line involved. All parties agree that the PSC had…