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00-4213 Michigan Southern Railroad Co. v. City of Kendallville

By: dmc-admin//June 11, 2001//

00-4213 Michigan Southern Railroad Co. v. City of Kendallville

By: dmc-admin//June 11, 2001//

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“The Kendallville ordinance affirmatively violates a requirement set out in sec. 20106, which as we said requires that the state law, regulation, or order not place an unreasonable burden on interstate commerce. To uphold enforcement of the ordinance would do just that. Even putting sec. 20106 aside, upholding municipal regulation of railroad right- of-way would completely undermine the goal of uniform national regulation. Rather than 50 possible regulatory schemes, there could be thousands, which would be an obvious unreasonable burden on interstate commerce.”

Reversed and remanded.

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