Island Park, LLC v. CSX Transportation, Inc. et al

Justia Dockets & Filings Second Circuit New York Northern District Island Park, LLC v. CSX Transportation, Inc. et al

Island Park, LLC v. CSX Transportation, Inc. et al

Case Number:	1:2006cv00310
Filed:	March 10, 2006
Court:	US District Court for the Northern District of New York
Office:	Albany Office
Presiding Judge:	Lawrence E. Kahn
Presiding Judge:	Randolph F. Treece
Nature of Suit:	Real Property: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Defendant

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Date Filed	Document Text
January 22, 2010	Filing 102 Decision & ORDERED, that Defendants Motion for summary judgment (Dkt. No. 96 ) is GRANTED on Plaintiffs fourth claim; and it is further ORDERED, that summary judgment is GRANTED in favor of Defendants on Plaintiffs pre-emption claim; and it is furthe r ORDERED that Defendants Motion for Declaratory Judgment (Dkt. No. 96) is GRANTED as to the following: that there is no conflict between the terms of the 1989 Order and the DOT Order, that the 1989 Order does not prohibit their compliance with the t erms of the DOT Order, and that the 1989 Order is superseded by the DOT Order to the extent that the 1989 Order imposes any obligations inconsistent with the DOT Order; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on January 22, 2010. (sas)

Date Filed

Document Text

January 22, 2010

Filing 102 Decision & ORDERED, that Defendants Motion for summary judgment (Dkt. No. 96 ) is GRANTED on Plaintiffs fourth claim; and it is further ORDERED, that summary judgment is GRANTED in favor of Defendants on Plaintiffs pre-emption claim; and it is furthe r ORDERED that Defendants Motion for Declaratory Judgment (Dkt. No. 96) is GRANTED as to the following: that there is no conflict between the terms of the 1989 Order and the DOT Order, that the 1989 Order does not prohibit their compliance with the t erms of the DOT Order, and that the 1989 Order is superseded by the DOT Order to the extent that the 1989 Order imposes any obligations inconsistent with the DOT Order; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on January 22, 2010. (sas)

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