United States Eleventh Circuit

Existing zoning ordinances of general applicability, which are enforced against a private entity leasing property from a railroad for non-rail transportation purposes, are not sufficiently linked to rules governing the operation of the railroad for preemption under the Interstate Commerce Commission Termination Act.

Appellate Information

• Decided 09/27/2001
• Published 09/27/2001

Judges

• RESTANI, Judge:, Before TJOFLAT and WILSON, Circuit Judges, and RESTANI , Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Stuart H. Singer, Kirkpatrick & Lockhart, Hollywood, FL, for Florida East Coast Ry. Co., Claudia M. McKenna, West Palm Beach City Attorney's Office, Mayra Isabel Rivera-Delgado, Asst. City Atty., West Palm Beach, FL, for City of West Palm Beach.