City of Girard v. Youngstown Belt Railway Co.

Cynthia Westcott Rice, Judge.

{¶ 1} Appellant, the city of Girard, appeals from the judgment of the Trumbull County Court of Common Pleas granting the motion of Youngstown Belt Railway Company et al. (“YBR”), appellees, for summary judgment based upon YBR’s assertion that the trial court lacked jurisdiction to consider Girard’s appropriation complaint because the action was preempted by federal law. At issue is whether the trial court erred in finding that Girard’s appropriation action was preempted by the Interstate Commerce Commission Termination Act (“ICCTA”), Section 10101 et seq., Title…