STATE v. WHEELING & LAKE ERIE RY. CO.

No. 2988-M.

139 Ohio App.3d 271 (2000)

The STATE of Ohio [Village of Spencer], Appellant, v. WHEELING & LAKE ERIE RAILWAY COMPANY, Appellee.

Court of Appeals of Ohio, Ninth District, Medina County.

Decided November 22, 2000.


Attorney(s) appearing for the Case

Gregory A. Huber, for appellant.

Sheila A. McKeon, for appellee.


CARR, Judge.

Appellant, the state of Ohio, appeals from the decision of the Medina Municipal Court granting a motion to dismiss filed by appellee Wheeling & Lake Erie Railway Company on the basis of federal preemption. This court reverses.

The village of Spencer has two state highways that intersect in its center, State Routes 162 and 301. There are two railroad tracks north of this intersection, and appellee operates trains on these tracks. On August...

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