Wabash & Western Railway Co. v. City of Kendallville

MEMORANDUM OF DECISION AND ORDER

WILLIAM C. LEE, Chief Judge.

I. INTRODUCTION

This matter is before the Court on the motion for summary judgment filed by the Plaintiff, Wabash & Western Railway Co. d/b/a Michigan Southern Railroad (“MSR”), on May 4, 1998. The Defendants, The City of Kendallville, Indiana (“the City”) responded on May 21, 1998, and MSR replied on May 28, 1998. The Court heard oral argument on the motion on July 9, 1998, and subsequently ordered the parties to file a stipulation of facts and supplemental briefs. MSR filed a supplemental memorandum in support on August 10, 1998,…