Vermont Railway, Inc. v. Town of Shelburne et al
| Vermont Railway, Inc. |
| Town of Shelburne and Joe Colangelo |
| Town of Shelburne |
| Vermont Railway, Inc. |
| 2:2016cv00016 |
| January 26, 2016 |
| US District Court for the District of Vermont |
| Burlington Office |
| Chittenden |
| William K. Sessions |
| Commercial/ICC Rates/etc. |
| 28 U.S.C. ยง 2201 |
| Defendant |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
269
OPINION AND ORDER re: 209 Motion for Preliminary Injunction converted to a request for a permanent injunction. The Court permanently enjoins enforcement of the Storage Ordinance against the Railway and its facilities, and §§ 1950.1 and 1950.2(A) of the Towns Performance Standards against the Railway and its facilities are preempted and permanently enjoined. Signed by Judge William K. Sessions III on 12/7/2017. (law)
|
|
Filing
84
OPINION AND ORDER granting 36 Motion to Dismiss; denying 8 Motion for Preliminary Injunction; denying 13 Motion for Preliminary Injunction. A declaratory order is entered in that the ICCTA preempts the Towns pre-construction permit requirem ent and the Town is enjoined from enforcing any regulation that prevents the Railway from constructing its proposed facility. Pltf's request for a declaratory judgment as to Count I of the Complaint is granted in part. Dft's request for a d eclaratory judgment as to Count I of the Counterclaim is denied. Dft's request for declaratory relief as to Count II of the Counterclaim is denied in part. Counts I, III, IV, and V of the Counterclaim are dismissed. The Court reserves judgment on the question of whether the ICCTA preempts other zoning regulations derived from the Towns police powers that relate to the operation of the Railways proposed facility. Signed by Judge William K. Sessions III on 6/29/2016. (jam)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Vermont District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
