CONSOLIDATED RAIL CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
The City of New York and the Metropolitan Transportation Authority of the State of New York, Chelsea Property Owners, New York Convention Center Development Corporation, Intervenors.
CITY OF NEW YORK and the Metropolitan Transportation Authority of the State of New York, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Chelsea Property Owners, Consolidated Rail Corporation, Intervenors.
CHELSEA PROPERTY OWNERS, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Consolidated Rail Corporation, City of New York and the Metropolitan Transportation Authority of the State of New York, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 1, 1994.
Decided July 22, 1994.
Attorney(s) appearing for the Case
Paul Cunningham, Washington, DC, argued the cause for Consolidated Rail Corporation, petitioner in No. 92-1473 and intervenor in Nos. 92-1528 and 92-1548. On briefs were Robert M. Jenkins, III, Joel A. Rabinovitz, Washington, DC, Constance L. Abrams and Jonathan M. Broder, Philadelphia, PA.
Peter A. Greene, New York City, argued the cause for the City of New York, et al., petitioners in No. 92-1528 and intervenors in Nos. 92-1473 and 92-1548. On briefs was Gail Rubin, Asst. Corp. Counsel, City of New York. Fabian G. Palomino, New York City, entered an appearance.
Scott N. Stone, Washington, DC, argued the cause for Chelsea Property Owners, petitioner in No. 92-1548 and intervenor in Nos. 92-1473 and 92-1528. On briefs was John L. Oberdorfer, Washington, DC.
Evelyn G. Kitay, I.C.C., Washington, DC, argued the cause for the respondents. On brief were Henri F. Rush, Acting Gen. Counsel, I.C.C., Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Anne K. Bingaman, Asst. Atty. Gen., Dept. of Justice, and Catherine G. O'Sullivan and Andrea Limmer, Dept. of Justice, Washington, DC. Robert S. Burk, I.C.C., Washington, DC, entered an appearance.
Before: WALD, SILBERMAN and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
Petitioner Consolidated Rail Corporation (Conrail) seeks reversal of the issuance by the Interstate Commerce Commission (ICC or Commission) of a certificate of abandonment for a one and one-half mile section of elevated railroad track in New York City owned by Conrail and known as the Highline. Intervenors Chelsea Property Owners (CPO), who own property adjacent...
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