Decision 35239
Served (printed as 5/3/2005) · Decision · Entire Board
BOARD RESPONDED TO QUESTIONS REGARDING FEDERAL PREEMPTION REFERRED TO IT BY THE FEDERAL DISTRICT COURT OF COLORADO. THE BOARD FOUND THAT THE DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION NEEDED THE FULL WIDTH OF ITS RIGHT-OF- WAY IN THE CITY OF CREEDE, CO (CITY), TO SAFELY AND EFFICIENTLY PROVIDE RAIL SERVICE, AND THAT THE CITY'S ZONING ORDINANCES ARE PREMEPTED UNDER 49 U.S.C. 10501(b).
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