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BURLINGTON NORTHERN AND SANTA FE RAILWAY CO. v. ARIZONA CORP. COM'N

No. 1 CA-CV 00-0079.

12 P.3d 1208 (2000)

198 Ariz. 604

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a foreign corporation, Plaintiff-Appellant, v. ARIZONA CORPORATION COMMISSION, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

November 16, 2000.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Jay Shapiro, Joseph Sciarrotta, Jr., Phoenix, Attorneys for Plaintiff-Appellant.

Arizona Corporation Commission by Robert J. Metli, Legal Division, Janet Wagner, Legal Division, Phoenix, Attorneys for Defendant-Appellee.

OPINION

TOCI, Presiding Judge.

¶ 1 Burlington Northern and Santa Fe Railway Company ("Burlington") appeals from the trial court's grant of summary judgment to the Arizona Corporation Commission (the "Commission"). Burlington's lawsuit challenged the Commission's authority to order the establishment of a public railroad crossing where a private road used by the public intersects Burlington's railroad tracks. We conclude that neither the Arizona Constitution...

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