Decision 44348
Served (printed as 6/23/2015) · Decision · Entire Board
DECISION FINDS THAT THE KANSAS COURTS' ORDERS REQUIRING A RAILROAD CROSSING IN WICHITA FROM 25TH STREET ACROSS THE WICHITA TERMINAL ASSOCIATION'S INTERCHANGE TRACKS AT THE PROPOSED EMPORIA COURT LOCATION ARE PREEMPTED BY FEDERAL LAW. THE DECISION FURTHER EXPLAINS THAT IT WOULD DBE REASONABLE FOR R A STATE COURT TO DETERMINE WHETHER A PERMANENT CROSSING AT A LOCATION OTHER THAN EMPORIA COURT WOULD UNREASONABLY INTERFERE WITH INTERSTATE RAIL OPERATIONS AND BE PREEMPTED BY FEDERAL LAW.
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