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CHICAGO & N.W. TRANSP. CO. v. IOWA TRANSP.

No. 66435.

322 N.W.2d 273 (1982)

CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, Appellant, v. IOWA TRANSPORTATION REGULATION BOARD, a Division of the Iowa Department of Transportation, Appellee, City of Sergeant Bluff, Iowa, A Municipal Corporation, Intervenor.

Supreme Court of Iowa.

July 21, 1982.

Attorney(s) appearing for the Case

Frank W. Davis, Jr. and Marc P. Franson, of Gamble, Riepe, Burt, Webster & Davis, Des Moines, for appellant.

Ronald C. Polle, Des Moines, for appellee.

Robert R. Eidsmoe, of Gleysteen, Harper, Eidsmoe, Heidman & Redmond, Sioux City, for intervenor.

Considered by LeGRAND, P. J., and UHLENHOPP, McCORMICK, McGIVERIN, and LARSON, JJ.

LARSON, Justice.

The Chicago and Northwestern Transportation Company operates a busy railroad line through the city of Sergeant Bluff, hauling coal to a nearby power plant. Streets in the city have been blocked for substantial periods of time, causing consternation among motorists and, by impeding movement of emergency vehicles, posing a danger to the safety of the residents. The city fathers responded to ensuing complaints from their constituents by passing an ordinance...

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