Burlington Northern & Santa Fe Railway Co. v. Arizona Corp. Commission

OPINION

TOCI, Presiding Judge.

¶ 1 Burlington Northern and Santa Fe Railway Company (“Burlington”) appeals from the trial court’s grant of summary judgment to the Arizona Corporation Commission (the “Commission”). Burlington’s lawsuit challenged the Commission’s authority to order the establishment of a public railroad crossing where a private road used by the public intersects Burlington’s railroad tracks. We conclude that neither the Arizona Constitution nor the legislature has conferred authority on the Commission to require such a crossing and, therefore, we reverse and remand.

I. FACTUAL…