BNSF Railway Company v. Alameda County

Good Law
United States District Court, Northern District of CaliforniaApril 8, 20204:19-cv-07230California5,827 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BNSF RAILWAY COMPANY, Case No. 19-cv-07230-HSG

Plaintiff, ORDER GRANTING PLAINTIFF'S

MOTION FOR PRELIMINARY

v. INJUNCTION

ALAMEDA COUNTY, et al., Re: Dkt. No. 35 Defendants.

12 Pending before the Court is Plaintiff BNSF Railway Company’s (“BNSF”) motion for a preliminary injunction (Dkt. No. 35 (“Mot.”)), for which briefing is complete. Dkt. Nos. 43 (“SD Opp.”), 44 (“Counties’ Opp.”), 53 (“Reply”). BNSF requests a preliminary injunction against fifteen counties (“Defendants,” or “Defendant Counties”) under 49 U.S.C. § 11501(b)(3), which prohibits applying higher tax rates to railroad property. On March 12, 2020, the Court held a hearing on the motion. Dkt. No. 58. The Court GRANTS the motion for preliminary injunction. I. BACKGROUND A. The 4-R Act The 4-R Act (now codified at 49 U.S.C. § 11501 (“Section 11501”)) was passed in 1976 to “restore the financial stability of the railway…

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