Case Activity (1)

1. Order | Filed: May 03, 2018 | Entered: May 03, 2018 CSX TRANSPORTATION INC v. LONCALA INC

   Commerce ICC Rates, Etc. | Florida Northern

   Order

   ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT; granting in part, denying in part 30 , 33 MOTIONs for Summary Judgment. Signed by JUDGE MARK E WALKER on 5/3/2018. The Clerk is directed to enter judgment stating: a. "This Court finds and declares that Plaintiff CSX Transportation, Inc., has not abandoned the Railroad Right-of-Way under the Interstate Commerce Commission Termination Act. No portion of the Railroad Right-of-Way has reverted to Defendant Loncala, Inc., under any purported state law claim of reversionary rights. Defendant Loncala, Inc.s state law claim to the contrary is completely preempted by the Interstate Commerce Commission Termination Act." b. "Defendant is ordered to remove the fences and any other obstructions it has placed on Plaintiffs Railroad Right-of-Way on or before July 2, 2018.2 Defendant is PERMANENTLY ENJOINED from interfering with Plaintiffs common carrier obligations and future rail service and from taking any further actions that interfere with Plaintiffs control of the Railroad Right-of-Way and the sale of the Right-of-Way to the Trust for Public Lands and Alachua County." The Clerk shall administratively close the file, though this Court may reopen the file should the parties move for further relief. (kdm)