Decision 39530
Served (printed as 3/1/2010) · Decision · Entire Board
DECISION GRANTED A PETITION TO INSTITUTE A DECLARATORY ORDER PROCEEDING FILED BY NORFOLK SOUTHERN RAILWAY COMPANY AND THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY (COLLECTIVELY, NS), ON REFERRAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, AND FOUND THAT THE RECORD SUFFICIENTLY DEMONSTRATES THAT THE CITY OF BIRMINGHAM, AL'S ATTEMPT TO CONDEMN PROPERTY OWNED BY NS IS FEDERALLY PREEMPTED. HOWEVER, THIS DECISION DENIED NS'S MOTION FOR LEAVE TO FILE A REPLY TO A REPLY IN THIS PROCEEDING.
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