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CITY OF SEATTLE v. BURLINGTON NORTHERN R. CO.

No. 44364-0-I.

22 P.3d 260 (2001)

105 Wash.App. 832

The CITY OF SEATTLE, a municipal corporation, Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered April 25, 2001.

Attorney(s) appearing for the Case

Daniel L. Kinerk, Kroschel Gibson Kinerk Reeve, LLP, Bellevue, for Appellant.

Patricia Nellermoe, Steven Gross, City of Seattle Law Dept., Seattle, for Respondent.

GROSSE, J.

The clear language of the Interstate Commerce Commission Termination Act (ICCTA)1 grants authority to the Surface Transportation Board (STB) over a broad range of railroad activities including switching operations of trains. Enforcement of Seattle Municipal Code (SMC) §§ 11.66.080 and 11.66.100 impacts switching activities and is preempted. In addition, the ordinances are subject to preemption by the Federal Railroad...

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