Island Park LLC v. CSX Trans. Inc., 1:06-CV-0310 (N.D.NY. Jan. 22, 2010) (Kahn, J.)

A party maintaining a rail crossing under court order must yield to New York Department of Ttransportation's order to close the crossing under the state's police power to ensure public safety on its railways.

A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing. In 1994, New York's Legislature enacted Railroad Law §97, enabling the Commission of Transportation to order closure of private rail crossings on intercity passenger rail lines. At issue, after mandate from the Second Circuit, was whether the 1989 order requiring CSX to maintain the railroad crossing prevents implementation of the DOT's decision that CSX close the crossing. The court determined that the order did not require CSX to take action inconsistent with the DOT decision. The court held it "unreasonable to interpret the 1989 Order as commanding CSXT to not yield to New York's exercise of its police power to ensure public safety on its railways." As a result, the maintenance duties must yield to the DOT's decision, and the defendants are, therefore, entitled to summary judgment.

Case Law Alert - 2nd Qtr 2010