Decision 34469
Served (printed as 8/12/2004) · Decision · Entire Board
(1) GRANTED A PETITION FOR A DECLARATORY ORDER FILED BY THE CITY OF LINCOLN, NE (LINCOLN), (2) FOUND THAT LINCOLN'S ATTEMPT TO ACQUIRE A 20-FOOT-WIDE STRIP OF RIGHT-OF-WAY OF LINCOLN LUMBER COMPANY'S (LLC) RAIL LINE BETWEEN 19TH STREET AND 24TH STREET IN LINCOLN BY MEANS OF STATE EMINENT DOMAIN LAW WOULD BE FEDERALLY PREEMPTED BY 49 U.S.C. 10501(B); (3) GRANTED A MOTION TO STRIKE LLC'S DISCOVERY RESPONSES; AND (4) DENIED MOTIONS TO STRIKE LINCOLN'S REBUTTAL AND FOR LEAVE FOR LLC TO FILE A LIMITED SURREBUTTAL STATEMENT.
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