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FLORIDA EAST COAST RY. v. CITY OF WEST PALM BEACH

No. 00-8198.

110 F.Supp.2d 1367 (2000)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Plaintiff, v. CITY OF WEST PALM BEACH, a Florida municipal corporation, Defendant.

United States District Court, S.D. Florida, Northern Division.

July 27, 2000.

Attorney(s) appearing for the Case

Stuart H. Singer, Boies, Schiller & Flexner LLP, Hollywood, FL, for Plaintiff Florida East Coast Ry.

Claudia M. McKenna, Deputy City Attorney, City of West Palm Beach, Office of City Attorney, West Palm Beach, FL, for Defendant City of West Palm Beach.

Carlos A. Velasquez, Montero, Finizio, Velasquez and Reyes, P.A., Ft. Lauderdale, FL, for Third-Party Defendant Rinker Materials Corp.

ORDER

MIDDLEBROOKS, District Judge.

The question presented in this case is whether federal law preempts a municipality's application of its zoning and licensing ordinances to activities taking place on property owned by a railroad within the city. The railroad contends that the activities constitute an intermodal operation used by or in connection with a railroad. The city's mayor, on the other hand, describes the activity as a rock/aggregate business unrelated...

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