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Judge McMahon has issued her decision in Buffalo Southern Railroad v. Village of Croton-on-Hudson. She granted BSOR's motion for a preliminary injunction barring the Village from condemning the property. She found that even if BSOR is operating illegally, that wouldn't affect preemption -- the ICTA preempts local authority for all common carriers, even illegal ones, she concluded. However, she basically invited the Village to go to the STB for a ruling about the legality of the operation, and points out that the STB can shut down the operation if it finds that it's illegal. She required BSOR to post a $100,000 bond for the injunction. She also
enjoined BSOR from accepting any solid waste as long as this lawsuit is still pending.
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