Home of Economy v. Burlington Northern
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| 20040267 |
Home of Economy, a North
Dakota Corporation, Plaintiff and Appellant
v.
Burlington Northern Santa Fe
Railroad, a National Railroad
Corporation, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2005 Argument: 01/11/2005 09:30am
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| ND cite: |
2005 ND 74
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| NW cite: |
694 N.W.2d 840
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the courts of this State are powerless to prevent the Burlington Northern Santa Fe Railroad from closing a rail crossing which has been open and continuously used by the public for at least 78 years. More specifically, does the
Interstate Commerce Termination Act of 1995 (ICCTA) preclude the state from enforcing the public's right of passage across the railroad tracks in question?
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| 1 | | 09/20/2004 | |
NOTICE OF APPEAL: 09/17/2004 |
| 2 | | 10/14/2004 | |
RECORD ON APPEAL (not rec'd - 10 & 25(steno notes)) |
| 3 | | 10/27/2004 | |
APPELLANT BRIEF |
| 4 | | 10/27/2004 | |
E-FILED BRIEF (ATB) |
| 5 | | 10/27/2004 | |
APPELLANT APPENDIX |
| 6 | | 10/28/2004 | |
Payment of $25 surcharge for filing electronic ATB (Receipt #15832) |
| 7 | | 10/29/2004 | |
Received 7 copies of ATB from Central Duplicating |
| 8 | | 11/02/2004 | |
New table of contents and Judgment of Dimissal (page 70) for ATA & aff. of service by mail |
| 9 | | 11/24/2004 | |
APPELLEE BRIEF |
| 10 | | 11/24/2004 | |
E-FILED BRIEF (AEB) |
| 11 | | 11/26/2004 | |
Payment of $25 sucharge for filing electronic AEB - (Reciept #15869) |
| 12 | | 12/07/2004 | |
REPLY BRIEF |
| 13 | | 12/07/2004 | |
E-FILED BRIEF (RYB) |
| 14 | | 12/07/2004 | |
Copies of electronic RYB |
| 15 | | 12/21/2004 | |
Request for Radio/TV Coverage (AP) e-email dated 12-21-04 from Dale Wetzel (AUTHORIZED) |
| 16 | | 01/11/2005 | |
APPEARANCES: Garry A. Pearson; Daniel J. Crothers |
| 17 | | 01/11/2005 | |
ARGUED: Pearson; Crothers (Vol. Z; Page 73) |
| 18 | | 01/11/2005 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 04/06/2005 | |
DISPOSITION: REVERSED AND REMANDED |
| 20 | | 04/06/2005 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 21 | | 04/06/2005 | |
Costs on appeal taxed in favor of Appellant |
| 22 | | 04/07/2005 | |
Order/Judgment Mailed to Parties |
| 23 | | 04/26/2005 | |
Corrected Opinion Pages 4, 5 & 9 |
| 24 | | 05/03/2005 | |
MANDATE |
| 25 | | 05/09/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |