STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION, Rockrose Development Corporation and Chelsea Property Owners, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION, United States of America and West Side Rail Line Development Foundation, Inc., Respondents.
CHELSEA PROPERTY OWNERS FOR the REMOVAL OF the WEST 30TH STREET TRACK, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
Special Court, Regional Rail Reorganization Act.https://leagle.com/images/logo.png
August 9, 1985.
August 9, 1985.
Attorney(s) appearing for the Case
John L. Oberdorfer, Timothy J. May, Scott N. Stone, Claudia Deering, Patton, Boggs & Blow, Washington, D.C., for intervenor petitioner Chelsea Property Owners.
Robert J. Grady, Atty., Robert S. Burk, Acting General Counsel, John J. McCarthy, Jr., Deputy Associate General Counsel, I.C.C., Washington, D.C., for respondent I.C.C.
Alan E. Kleinburd, Atty., Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for respondent U.S.
John D. Heffner, Sedam, Herge & Reed, Washington, D.C., for intervenor respondent West Side Rail Line Development Foundation, Inc.
Thomas E. Zemaitis, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Charles E. Mechem, Consol. Rail Corp., Philadelphia, Pa., for amicus curiae Consol. Rail Corp.
Fritz R. Kahn, Verner Liipfert, Bernhard, McPherson and Hand, Chartered, Washington, D.C., Carmine J. Clemente, Darrell W. Harp, Counsel to Com'r, State of New York Dept. of Transp., Albany, N.Y., for petitioner New York Dept. of Transp.
Walter M. King, Washington, D.C., Harold L. Fisher, Fisher & Fisher, Brooklyn, N.Y., for intervenor petitioner Rockrose Development Corp.
Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.
Special Court, Regional Rail Reorganization Act.
MEMORANDUM OPINION
WEINER, Judge.
Presently before the court is a petition to review a decision of the Interstate Commerce Commission (ICC) the effect of which would permit Consolidated Rail Corporation (Conrail) to sell an elevated railroad line in Manhattan to the West Side Rail Line Development Foundation, Inc. (West Side). The issues have been extensively briefed and oral argument was held before the court on May 14, 1985. For the reasons which follow...
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