City of Belton v. Smoky Hill Railway & Historical Society, Inc.

VICTOR C. HOWARD, Judge.

Appellant Smoky Hill Railway & Historical Society, Inc. (“Smoky Hill”), appeals from a conviction in the Circuit Court of Cass County for nine municipal ordinance violations in the Respondent City of Belton (“Belton”). Smoky Hill argues three points on appeal. In Point I, Smoky Hill argues the trial court erred in finding Smoky Hill guilty of violating Belton’s ordinances, because the ordinances are invalid as applied to Smoky Hill, in that regulation of railroads by local authorities is preempted by the Interstate Commerce Commission Termination Act of 1995. In Point…