Decision 34862
Served (printed as 10/20/2004) · Decision · Entire Board
DENIED A PETITION FILED BY MVC TRANSPORTATION, LLC (MVC) SEEKING A DECLARATORY ORDER FINDING: (1) THAT CLAIMS FILED BY PROLINE RAILROAD TRACK CO. (PROLINE) IN THE COMMON PLEAS COURT OF ALLEGHENY COUNTY, PA, (PENNSYLVANIA COURT), CHALLENGING MVC'S ACQUISITION OF THE MCKEES ROCKS YARD (YARD) CONSTITUTE A COLLATERAL ATTACK ON THE BOARD'S AUTHORIZATION OF THE ACQUISITION, AND (2) THAT THE PENNSYLVANIA COURT IS WITHOUT JURISDICTION TO RENDER THE RELIEF SOUGHT BY PROLINE. THE DECISION DENIES THE PETITION FILED BY PROLINE, ON JUNE 24, 2004, REQUESTING THE BOARD TO REVOKE THE EXEMPTION THAT PERMITTED MVC TO ACQUIRE THE YARD.
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