Vermont Railway, Inc. v. Town of Shelburne et al
Plaintiff: Vermont Railway, Inc.
Defendant: Town of Shelburne and Joe Colangelo
Counter_claimant: Town of Shelburne
Counter_defendant: Vermont Railway, Inc.
Case Number: 2:2016cv00016
Filed: January 26, 2016
Court: US District Court for the District of Vermont
Office: Burlington Office
County: Chittenden
Presiding Judge: William K. Sessions
Nature of Suit: Commercial/ICC Rates/etc.
Cause of Action: 28:2201
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 7, 2017 Opinion or Order 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)
June 29, 2016 Opinion or Order 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)
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Search for this case: Vermont Railway, Inc. v. Town of Shelburne et al
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Plaintiff: Vermont Railway, Inc.
Represented By: Marc B. Heath, Esq.
Represented By: Eric A. Poehlmann, Esq.
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Defendant: Town of Shelburne
Represented By: Anthea Dexter-Cooper, Esq.
Represented By: Claudine C. Safar, Esq.
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Defendant: Joe Colangelo
Represented By: Claudine C. Safar, Esq.
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Counter_claimant: Town of Shelburne
Represented By: Anthea Dexter-Cooper, Esq.
Represented By: Claudine C. Safar, Esq.
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Counter_defendant: Vermont Railway, Inc.
Represented By: Marc B. Heath, Esq.
Represented By: Eric A. Poehlmann, Esq.
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