12.18.18 / Administrative Hearing Victory
Todd Gaffney and Kellen Bubach obtained a victory in an administrative hearing regarding a crossing dispute between the City of Coralville and the Firm’s railroad client. The City sought to condemn access across the railroad’s right of way to install a railroad crossing to serve future private development. The railroad resisted on the grounds that the crossing was not justified or necessary, was solely to serve private development, would substantially interfere with railroad operations, and would pose undue safety risks. After a two-day administrative hearing and extensive briefing, the Administrative Law Judge entered an order denying the City’s request for condemnation authority to facilitate a crossing.