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CITY OF NORTH VERNON v. BALTIMORE AND OHIO

No. 72A04-8602-CV-46.

500 N.E.2d 1238 (1986)

CITY OF NORTH VERNON, Indiana, Appellant, v. The BALTIMORE AND OHIO Railroad Company, Appellee.

Court of Appeals of Indiana, Fourth District.

December 2, 1986.

Attorney(s) appearing for the Case

Corinne R. Finnerty, North Vernon, for appellant.

Robert L. Barlow, II, Cooper, Cox, Jacobs, Reed & Barlow, Madison, for appellee.

MILLER, Judge.

Baltimore and Ohio Railroad Company filed a declaratory judgment action against the City of North Vernon, requesting an injunction to prevent the City from enforcing three ordinances which require the Railroad to maintain crossing guards at two crossings. The trial court entered judgment against the City, ruling the three ordinances are void and contravene IND. CODE 36-1-3-8(7) because the power to regulate the manner in which citizens are to be warned...

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