Legal Opinion
State of Indiana v. Norfolk Southern Railway Company
Indiana Court of Appeals
Decided October 10, 2017No. Court of Appeals Case 02A03-1607-IF-1524PublishedCited by 3 opinions
1Opinion of the Court
May,, Judge.
The State of Indiana (“State”) appeals the trial court’s grant of summary judgment in favor of Norfolk Southern Railway Company (“Norfolk”). 1 The State argues the trial court erred as a matter of law when it determined Indiana’s Blocked Crossing Statute, Indiana Code section 8-6-7.5-1 (“Indiana Blocked Crossing Statute”), is preempted by the Interstate Commerce Commission Termination Act (“ICCTA”) and the Federal Railroad Safety Act (“FRSA”). We reverse and remand. 2
Facts and Procedural History
The facts here are not disputed. In 2015, the State issued twenty-three citations to…
2Cases cited20 opinions
- English v. General Electric Co.Supreme Court of the United States · 1990
- Arizona v. United StatesSupreme Court of the United States · 2012
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Bond v. United StatesSupreme Court of the United States · 2014
- Lehigh Valley Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1928
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
- State v. BNSF Railway Co.Court of Appeals of Kansas · 2018
- State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018