United States Sixth Circuit

District court erred in finding that the Interstate Commerce Commission Termination Act preempts Mich. Comp. Laws section 462.309, which requires a Railroad to pay for the installation and upkeep of sidewalks and pedestrian crossings that abut and cross its property. The state law is not unreasonably burdensome, and because it addresses a general state concern about the safety of pedestrians it does not discriminate against railroads.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• Before MOORE and CLAY, Circuit Judges;  SCHWARZER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael M. Wachsberg, Pedersen, Keenan, King, Wachsberg & Andrzejak, Commerce Township, Michigan, for Appellant.  Charles E. Kovsky, Charles E. Kovsky Assoc., Livonia, Michigan, for Appellee.   ON BRIEF:  Michael M. Wachsberg, Pedersen, Keenan, King, Wachsberg & Andrzejak, Commerce Township, Michigan, for Appellant.  Charles E. Kovsky, Charles E. Kovsky Assoc., Livonia, Michigan, David E. Sims, Finkel, Whitefield, Selik, Farmington Hills, Michigan, for Appellee.