Norfolk Southern Challenges Del. Stormwater Charges

Law360, New York (August 19, 2010, 4:30 PM EDT) -- Norfolk Southern Railway Co. has revamped its declaratory judgment action against the city of Wilmington, Del., to more specifically detail the city's allegedly unlawful attempts to collect stormwater assessments on NSRC's local railroad yard by threatening to auction the property.

NSRC claims the city's actions violate the preemption provisions of the Interstate Commerce Commission Termination Act, as well as the railway's due process and equal protection rights under the 14th Amendment, according to an amended complaint filed Thursday in the U.S. District Court for the District...
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