Decision 40281
Served (printed as 8/5/2010) · Decision · Entire Board
DECISION GRANTED BOROUGH OF RIVERDALE'S (BOROUGH) PETITION FOR DECLARATORY ORDER SEEKING A DETERMINATION THAT THE BOARD DOES NOT HAVE JURISDICTION PURSUANT TO 49 U.S.C. § 10501 OVER PROPOSED BULK TRANSLOADING AND STORAGE ACTIVITIES AT A FACILITY IN THE BOROUGH OWNED BY THE NEW YORK SUSQUEHANNA & WESTERN RAILWAY CORPORATION AND THAT SUCH ACTIVITIES ARE NOT PREEMPTED FROM LOCAL ZONING LAWS. THE BOARD GRANTED THIS PETITION IN ORDER TO CLARIFY THE SCOPE OF FEDERAL PREEMPTION IN THIS CASE, AND FOUND THAT THE PROPOSED TRANSLOADING OPERATION QUALIFIES FOR FEDERAL PREEMPTION. HOWEVER, THE BOARD DENIED THE BOROUGH'S PETITION FOR STAY IN THIS PROCEEDING.
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