City of Ozark, AR v. Union Pacific Railroad Co.

LOKEN, Circuit Judge.

The City of Ozark, Arkansas sued Union Pacific Railroad Company in state court seeking an order requiring Union Pacific to restore a public at-grade rail crossing or, alternatively, allowing the City to condemn Union Pacific’s land across that public crossing. Union Pacific removed the action, 1 and the parties filed cross motions for summary judgment. The district court granted the City summary judgment and a permanent injunction, rejecting Union Pacific’s contention that the Interstate Commerce Commission Termination Act (“ICCTA”) grants the Surface Transportation Board…