Legal Opinion

State of New York Department of Transportation v. Interstate Commerce Commission

Special Court under the Regional Rail Reorganization Act

Decided August 9, 1985No. Civ. A. Nos. 85-1, 85-6Published

1Opinion of the Court

MEMORANDUM OPINION

WEINER, Judge.

Presently before the court is a petition to review a decision of the Interstate Commerce Commission (ICC) the effect of which would permit Consolidated Rail Corporation (Conrail) to sell an elevated railroad line in Manhattan to the West Side Rail Line Development Foundation, Inc. (West Side). The issues have been extensively briefed and oral argument was held before the court on May 14, 1985. For the reasons which follow, we set aside the decision of the ICC and remand the case to that agency for further proceedings.

Section 1156 of the Northeast Rail Service…

2Cases cited3 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Trailways, Inc. v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1982
  3. Consol. Rail Corp. v. PA. PUBLIC UTILITY COM'NSpecial Court under the Regional Rail Reorganization Act · 1983

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