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UNION PACIFIC R. CO. v. CHICAGO TRANSIT AUTHORITY

No. 09-2147.

647 F.3d 675 (2011)

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Plaintiff-Appellee, v. CHICAGO TRANSIT AUTHORITY, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 2011.

Attorney(s) appearing for the Case

Thomas A. Andreoli (argued), Attorney, Union Pacific Railroad Company, Chicago, IL, for Plaintiff-Appellee.

Richard F. Friedman (argued), Attorney, Neal & Leroy, LLC, Chicago, IL, for Defendant-Appellant.

Jane E. Notz , Attorney, Office of the Attorney General, Chicago, IL, for Amicus Curiae.

Before FLAUM, MANION, and EVANS, Circuit Judges.

MANION, Circuit Judge.

Union Pacific Railroad Company owns a 2.8-mile-long right-of-way that it has leased to the Chicago Transit Authority (CTA) for almost 50 years. When it became too costly for the CTA to continue leasing the land, the CTA sought to condemn the land and obtain a perpetual easement over it. Union Pacific filed for injunctive relief in federal district court, arguing that the state condemnation was preempted by the Interstate Commerce Commission...

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