Legal Opinion
Village of Big Lake v. BNSF Railway Co.
Missouri Court of Appeals
Decided August 28, 2012No. WD 74613PublishedCited by 4 opinions
1Opinion of the Court
VICTOR C. HOWARD, Judge.
The Village of Big Lake, Missouri, appeals the trial court’s dismissal of its petition for injunctive relief against BNSF Railway Company, Inc., and Missouri Highways and Transportation Commission (MHTC). The judgment is affirmed.
Factual and Procedural Background
The Village of Big Lake, Missouri (Village), is a municipality located in Holt County, Missouri. BNSF operates a rail line within the southern border of the Village. MHTC constructed and now regulates and maintains Missouri Highway 111 along and through the southern border of the Village.
On June 2, 2011, the…
2Cases cited18 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Norfolk Southern Railway Co. v. City of AlexandriaCourt of Appeals for the Fourth Circuit · 2010
- Friberg v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2001
- City of Auburn v. United States GovernmentCourt of Appeals for the Ninth Circuit · 1998
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3Cited by4 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
- Tubbs v. BNSF Ry. Co.Missouri Court of Appeals · 2018
- Iowa Northern Railway Company v. Floyd County Board of Supervisors and Cerro Gordo County Board of Supervisors, acting as Trustees for Joint Drainage District Nos. 6 and 56Court of Appeals of Iowa · 2025
- 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