Indiana High Court Favors NS in Grade Crossing Case

An Indiana court has ruled in favor of Norfolk Southern and against a county that sought to fine the railroad for blocking grade crossings of public streets.

The Indiana Supreme Court in a unanimous ruling  invalidated efforts under a state law to fine railroads that block crossings of public streets for more than 10 minutes.

In its ruling, the court said the state law, which had been adopted in 1972, was a direct regulation of railroads that is preempted by the federal Interstate Commerce Commission Termination Act.

NS was cited by Allen County officials 23 times between December 2014 and December 2015.

Although judges in county courts had ruled in favor of the railroad in those cases, the state appealed to the Indiana high court.

The court said the state might be able to obtain recourse for blocked crossings through the Surface Transportation Board’s Rail Customer and Public Assistance Program.

Tags: Blocking railroad grade crossings, grade crossing, Indiana, Indiana Supreme Court, Norfolk Southern