City of Girard v. Youngstown Belt Railway Co., 963 N.E.2d 193

Girard seeks to appropriate 41.5 acres of Mosier Yard owned by YBR to create public recreational grounds.
YBR asserts ICCTA preemption; TWL intervenes, seeking to acquire land for a construction-debris landfill.
Trial court stayed proceedings and remanded to the STB to determine preemption; later entered final judgment preempted by ICCTA.
Girard argues state court has jurisdiction; YBR argues express/implied preemption commits matter to STB.
Court treats merits as jurisdictional, reviews de novo, and analyzes express and implied preemption under ICCTA.
Majority holds not express preemption, but does find implied preemption; matter committed to STB for remedy; dissents disagree on preemption.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ICCTA preempts the appropriation action	Girard argues ICCTA does not preempt state eminent-domain action.	YBR contends the taking would unreasonably interfere with rail transportation and is preempted.	Implied preemption; action committed to STB.
Whether the trial court correctly rejected presumption in Girard's favor and properly granted/denied summary judgment	Girard seeks state-court resolution with a presumption in its favor.	YBR argues preemption forecloses state proceedings; STB jurisdiction applies.	Rejection of presumption; preemption found (as applied).

Florida East Coast Ry. Co. v. W. Palm Beach, 266 F.3d 1324 (11th Cir. 2001) (ICCTA preemption scope and rail-regulation framework)
Adrian & Blissfield Ry. Co. v. Blissfield, 550 F.3d 533 (6th Cir. 2008) (categorical vs. as-applied preemption; rail regulation scope)
Friberg v. Kansas City S. Ry. Co., 267 F.3d 439 (5th Cir. 2001) (preemption analysis; express vs implied preemption)
New Orleans & Gulf Coast Ry. Co. v. Barrois, 533 F.3d 321 (5th Cir. 2008) (categorical preemption and regulation of rail transportation)