NORFOLK SOUTHERN RY. CO. v. CITY OF ROANOKE

No. 18-1060.

916 F.3d 315 (2019)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. CITY OF ROANOKE, a Virginia Municipality, Defendant-Appellee, and Chesapeake Bay Foundation, Intervenor/Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2019.


Attorney(s) appearing for the Case

ARGUED: Gary A. Bryant , WILLCOX & SAVAGE, P.C., Norfolk, Virginia, for Appellant. Monica Taylor Monday , GENTRY LOCKE, Roanoke, Virginia; Jon Alan Mueller , CHESAPEAKE BAY FOUNDATION, Annapolis, Maryland, for Appellees. ON BRIEF: Gregory J. Haley , Scott A. Stephenson , GENTRY LOCKE, Roanoke, Virginia; Daniel J. Callaghan , OFFICE OF THE CITY ATTORNEY FOR THE CITY OF ROANOKE, Roanoke, Virginia, for Appellee City of Roanoke. Alayna Chuney , Brittany Wright , CHESAPEAKE BAY FOUNDATION, INC., Annapolis, Maryland, for Appellee Chesapeake Bay Foundation, Inc.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Wynn joined. Judge Wilkinson and Judge Wynn wrote separate concurring opinions.


Plaintiff Norfolk Southern Railway appeals the district court's order granting summary judgment for Defendant City of Roanoke, Virginia and Defendant-Intervenor Chesapeake Bay Foundation in this lawsuit alleging discriminatory taxation in violation of the Railroad Revitalization and Regulatory Reform Act of 1976. The district...

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