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CASE ENTRY

Vermont Railway, Inc. v. Town of Shelburne

After railroad company builds salt storage facility in town, Shelburne, Vt. officials enact ordinance that bars salt from being stored at that location and imposes $800 to $10k per day fines for noncompliance. Second Circuit: There is no public health and safety rationale for banning the storage of salt. The ordinance thus falls afoul of federal law protecting railways from local regulations (unless those regulations meaningfully protect public health and safety).


Tags: 2019, Preemption, Second Circuit, Zoning

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