THE CITY OF GIRARD, Appellant,
v.
YOUNGSTOWN BELT RAILWAY COMPANY ET AL., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted June 19, 2012.
Decided November 21, 2012.
Attorney(s) appearing for the Case
Frank R. Bodor; and Brian C. Kren, Girard City Law Director, for appellant.
Manchester, Bennett, Powers & Ullman, L.P.A., C. Scott Lanz, and Thomas J. Lipka, for appellee Youngstown Belt Railway Company.
Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, and Michael L. Stokes, Assistant Attorney General, for amicus curiae, state of Ohio.
Supreme Court of Ohio.
McGEE BROWN, J.
{¶ 1} In this case, we are called upon to determine the extent to which the Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S.C. 10101 et seq., preempts a state's eminent-domain action over a parcel of property owned by a railway company. Based on our interpretation of the legislation at issue and its application to the unique facts of this case, we find no preemption, and we therefore reverse the judgment...
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