Montgomery County v. Virginia Department of Rail & Public Transportation

By Judge Melvin R. Hughes, Jr.

The parties have each filed motions for summary judgment. The motions bring into question the constitutionality of a Rail Enhancement Fund: Multi Year Funding Agreement entered into by the Virginia Department of Rail and Public Transportation with Norfolk Southern Railway Company. The agreement, authorized by Va. Code §33.1-221.1:1.1, known as the Rail Enhancement Fund, permits the DRPT to grant funds of the Commonwealth *522of Virginia to railroads for improvements to their facilities. In the instance of this agreement funds will be permitted to Norfolk Southern for…