KANSAS CITY SOUTHERN RY. CO. v. KOELLER

No. 10-2333.

653 F.3d 496 (2011)

KANSAS CITY SOUTHERN RAILWAY CO. and Norfolk Southern Railway Co., Plaintiffs-Appellants, v. Russell E. KOELLER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2011.


Attorney(s) appearing for the Case

Paul M. Brown (argued), Attorney, Thompson Coburn LLP, St. Louis, MO, Everett B. Gibson , Attorney, Bateman Gibson , Memphis, TN, for Plaintiffs-Appellants.

Mark G. Arnold (argued), Attorney, Husch Blackwell LLP, St. Louis, MO, for Defendants-Appellees.

Before BAUER, WOOD, and WILLIAMS, Circuit Judges.


WOOD, Circuit Judge.

The Railroad Revitalization and Regulatory Reform Act ("4-R Act") prevents states and their subdivisions from imposing discriminatory taxes against railroad carriers. 49 U.S.C. § 11501. In 2008, the Sny Island Levee Drainage District ("Sny Island" or "District"), a subdivision of Illinois, changed its long-standing method for calculating assessments due from railroads and other properties within its system. Two rail carriers — Kansas...

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