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VILLAGE OF RIDGEFIELD PARK v. NY, SUSQU. & WESTERN RAIL. CORP.

750 A.2d 57 (2000)

163 N.J. 446

VILLAGE OF RIDGEFIELD PARK, Plaintiff-Appellant, v. NEW YORK, SUSQUEHANNA & WESTERN RAILWAY CORPORATION, a Corporation authorized to do business in New Jersey, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 5, 2000.

Attorney(s) appearing for the Case

Martin T. Durkin, Ridgefield Park, and Lewis P. Goldshore, Plainsboro, for plaintiff-appellant (Durkin & Boggia and Goldshore & Wolf, attorneys).

J.S. Lee Cohen, Teaneck, for defendant-respondent (DeCotiis, Fitzpatrick & Gluck, attorneys; Kevin M. Kinsella, on the brief).

Thomas W. Dunn, Montvale, submitted a letter in lieu of brief on behalf of amici curiae, New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (William John Kearns, Jr., General Counsel, attorney).

The opinion of the Court was delivered by STEIN, J.

This appeal requires the Court to decide the extent to which the Interstate Commerce Commission Termination Act of 1995 (ICCTA), 49 U.S.C.A. §§ 701 to 727 and §§ 10101 to 16106, preempts the state regulation of railroads. Plaintiff Village of Ridgefield Park (Village) alleges that Defendant New York, Susquehanna and Western Railway Corporation (Railroad) is maintaining a nuisance at its...

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