FORT WAYNE, Ind. (WOWO): It turns out Allen County can’t use a state law to fine a railway company for blocking public roads. That’s according to a ruling by the Indiana Supreme Court yesterday.
The Journal Gazette reports that the state statute that allows for fines against trains that block crossings is pre-empted by the federal Interstate Commerce Commission Termination Act.
Norfolk Southern sued after being cited 23 times between December 2014 and December 2015 over blocking crossings near its train yard in Allen County. Norfolk Southern had argued the law caused a “heavy burden” for them.