United States Eighth Circuit
DAKOTA, MINNESOTA & EASTERN R.R. CORP. v. STATE OF S. DAKOTA, 03-1046, 03-1179
The Ex parte Young doctrine authorized the grant of injunctive relief precluding South Dakota's Governor from enforcing an amended statute placing onerous new restrictions on railroads seeking to exercise eminent domain; injunction did not exceed the federal government's Commerce Clause powers and did not violate the Tenth Amendment as construed in the Supreme Court's recent "anti-commandeering" decisions.
Appellate Information
- Decided 03/23/2004
- Published 03/23/2004
Judges
- LOKEN, Chief Judge., Before LOKEN, Chief Judge, LAY and BOWMAN, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant was Neil K. Fulton, Pierre, SD. Additional attorney appearing on the brief was Brent A. Wilbur.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was Brian James Donahoe, Sioux Falls, SD. Additional attorney appearing on the brief was Mark E. Salter.