Legal Opinion
A & W Properties, Inc. v. Kansas City Southern Railway Co.
Texas Court of Appeals, 5th District (Dallas)
Decided August 28, 2006No. 05-04-01669-CVPublishedCited by 13 opinions
1Opinion of the Court
OPINION
Opinion by
Justice FITZGERALD.
A & W Properties, Inc. appeals a take-nothing summary judgment entered against it and in favor of Kansas City Southern Railway Company (the “Railroad”). In a single issue, A & W challenges the trial court’s conclusion that A & W’s state-law claims are preempted by the Interstate Commerce Commission Termination Act (the “ICCTA”). We affirm the judgment of the trial court in part and reverse and remand in part.
Background
A & W acquired a parcel of land in Garland, Texas, for purposes of development. A & W’s land is adjacent to land owned by the Railroad. The…
2Cases cited21 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Swilley v. HughesTexas Supreme Court · 1972
- Stiles v. Resolution Trust Corp.Texas Supreme Court · 1993
- Hodges v. Delta Airlines, Inc.Court of Appeals for the Fifth Circuit · 1995
- Zep Manufacturing Co. v. Harthcock, Texas Court of Appeals, 5th District (Dallas)1992
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.Supreme Court of Iowa · 2018
- Fayard v. Northeast Vehicle Services, LLCCourt of Appeals for the First Circuit · 2008
- MD Mall Assocs., LLC v. CSX Transp., Inc.District Court, E.D. Pennsylvania · 2017
- Village of Big Lake v. BNSF Railway Co.Missouri Court of Appeals · 2012
- 2145 Avocado Land Trust v. Florida East Coast Railway, LLCDistrict Court, M.D. Florida · 2025
8 more not listed; retrieve them via the Exa API.