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CITY OF SPRINGDALE v. CSX RY. CORP.

No. 92-2448.

68 Ohio St.3d 371 (1994)

CITY OF SPRINGDALE, APPELLANT, v. CSX RAILWAY CORPORATION, A.K.A. CSX TRANSPORTATION, APPELLEE.

Supreme Court of Ohio.

Decided March 2, 1994.

Attorney(s) appearing for the Case

Wood & Lamping, David A. Caldwell and Mark R. Fitch, for appellant.

Lindhorst & Dreidame Co., L.P.A., James L. O'Connell and J. Stephen Cox, for appellee.

WRIGHT, J.

The issue in this case is whether the city of Springdale has the statutory authority to order CSX to install a rubberized railroad crossing on State Route 747 in Springdale. We hold that the city has no such authority and therefore affirm the decision of the court of appeals.

The city claims that R.C. 4955.20 confers upon it the authority to determine the "kind" of railroad crossing to be installed on Route 747. CSX argues that R.C. 4955.20 confers...

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