BNSF RY. CO. v. COUNTY OF ALAMEDA

Nos. 20-15896, 20-15897.

7 F.4th 874 (2021)

BNSF RAILWAY COMPANY, Plaintiff-Appellee, v. COUNTY OF ALAMEDA; County of Contra Costa; County of Fresno; County of Kern; County of Madera; County of Merced; County of Orange; County of Plumas; County of Riverside; County of San Bernardino; County of San Joaquin; County of Stanislaus; County of Tulare, Defendants-Appellants, and County of San Diego, Defendant. BNSF Railway Company, Plaintiff-Appellee, v. County of San Diego, Defendant-Appellant, and County of Alameda; County of Contra Costa; County of Fresno; County of Kern; County of Madera; County of Merced; County of Orange; County of Plumas; County of Riverside; County of San Bernardino; County of San Joaquin; County of Stanislaus; County of Tulare, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2021.


Attorney(s) appearing for the Case

Margaret R. Prinzing (argued), Robin B. Johansen , and Omar El-Qoulaq , Olson Remcho LLP, Oakland, California, for Defendants-Appellants County of Alameda, County of Contra Costa, County of Fresno, County of Kern, County of Madera, County of Merced, County of Orange, County of Plumas, County of Riverside, County of San Bernardino, County of San Joaquin, County of Stanislaus, and County of Tulare.

Laura E. Blome (argued), Senior Deputy; Thomas E. Montgomery , County Counsel; Office of County Counsel, San Diego, California; for Defendant-Appellant County of San Diego.

Benjamin J. Horwich (argued), Munger Tolles & Olson LLP, San Francisco, California; Jessica Reich Baril , Munger Tolles & Olson LLP, Los Angeles, California; Misty Smith Kelley and John M. Phillips , Baker Donelson Bearman Caldwell & Berkowitz PC, Chattanooga, Tennessee; for Plaintiff-Appellee.

Before: Sidney R. Thomas, Chief Judge, and Daniel A. Bress and Patrick J. Bumatay, Circuit Judges.


OPINION

This appeal requires us to consider whether California's taxation of railroad property complies with the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, § 306, 90 Stat. 31, 54-55 (1976) ("the 4-R Act"). BNSF Railway Company ("BNSF") owns property in various California Counties...

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