MONTGOMERY COUNTY v. DRPT

Record No. 100350.

719 S.E.2d 294 (2011)

282 Va. 422

MONTGOMERY COUNTY, et al. v. VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION, et al.

Supreme Court of Virginia.

November 4, 2011.


Attorney(s) appearing for the Case

Gregory J. Haley ( Martin M. McMahon , County Attorney; Monica Taylor Monday ; Kathleen L. Wright ; Gentry Locke Rakes & Moore, on briefs), Roanoke, for appellants.

Kenneth T. Cuccinelli, II , Attorney General; ( Charles E. James, Jr. , Chief Deputy Attorney General; E. Duncan Getchell, Jr. , State Solicitor General; Stephen R. McCullough , Senior Appellate Counsel, on brief), for appellee Virginia Department of Rail and Public Transportation; Matthew O. Tucker , Director, Virginia Department of Rail and Public Transportation, and Commonwealth Transportation Board.

Gregory N. Stillman , Norfolk ( Carl D. Gray ; Stuart A. Raphael , McLean; Maya M. Eckstein , Richmond; Hunton & Williams, on brief), for appellee Norfolk Southern Railway Company.

Amicus Curiae: Southern Environmental law Center ( Oliver A. Pollard, III , Alexandria; Morgan W. Butler ; Southern Environmental Law Center, on brief), in support of appellees.

Present: KINSER, C.J., LEMONS, MILLETTE, McCLANAHAN, and POWELL, JJ., and RUSSELL and LACY, S.JJ.


Opinion by Justice ELIZABETH A. McCLANAHAN.

The Virginia Department of Rail and Public Transportation (DRPT) entered into an agreement, pursuant to the Rail Enhancement Fund created by Code § 33.1-221.1:1.1, to grant funds to Norfolk Southern Railway Company (Norfolk Southern) for the development of an "intermodal" terminal in Montgomery County. The terminal would serve as a transition point for shifting the transportation of freight by road to shipment by rail...

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