210 A.3d 1064
Pa. Super. Ct.2019Background
- Strasburg Scooters, LLC (Scooters) leases property from MarNik Holdings and operates scooter tours and stores scooters at 242 Gap Road, Ronks, PA.
- Strasburg Rail Road (Rail Road) owns an 1897 right-of-way over the Property permitting use of side tracks for placing and running engines and cars and for track repair.
- Scooters sued Rail Road in state court seeking a declaratory judgment that the right-of-way/side tracks were abandoned (or alternatively, an order defining permitted use), alleging interference from parked rail cars and property damage.
- Rail Road filed preliminary objections arguing lack of subject-matter jurisdiction; trial court sustained and dismissed Scooters’ complaint with prejudice.
- Trial court found federal Surface Transportation Board (STB) jurisdiction under the ICCTA over operation and abandonment of side tracks and that Scooters failed to join indispensable party MarNik (the fee owner).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state court may adjudicate claim that railroad abandoned or must limit use of side tracks | Scooters: state declaratory relief concerns private contractual/right-of-way interpretation, so state court may decide | Rail Road: ICCTA vests exclusive jurisdiction in STB over operation/abandonment of side tracks, preempting state suit | Court: Dismissed—STB has exclusive jurisdiction under 49 U.S.C. §10501(b) |
| Whether ICCTA applies when claim arises from private rights and not regulatory law | Scooters: dispute is private easement/contract matter, not regulation of rail transportation | Rail Road: operation/abandonment of side tracks inherently concerns rail operations and is preempted by ICCTA | Court: ICCTA preempts because claim concerns operation/abandonment of side tracks |
| Joinder: whether property owner MarNik is a required party | Scooters: did not join MarNik; argued relief sought against Rail Road only | Rail Road: MarNik, as fee owner, has direct interest and must be joined | Court: MarNik is indispensable; failure to join is jurisdictional defect and supports dismissal |
| Remedy: whether court could define parameters of Rail Road’s use or extinguish easement | Scooters: requested extinguishment or judicially defined limits on use | Rail Road: such relief would interfere with rail operations and fall within STB authority | Court: Relief implicates STB authority; state court lacks power to grant requested remedies |
Key Cases Cited
- Columbia Gas Transmission Corp. v. Diamond Fuel Co., 346 A.2d 788 (Pa. 1975) (fee owner of servient tenement is indispensable in easement disputes)
- Barren v. Dubas, 441 A.2d 1315 (Pa. Super. 1982) (fee owner indispensable where litigation affects use and enjoyment of property)
- Northern Forests II, Inc. v. Keta Realty Co., 130 A.3d 19 (Pa. Super. 2015) (failure to join indispensable party implicates subject-matter jurisdiction)
- Pace v. CSX Transp., Inc., 613 F.3d 1066 (11th Cir. 2010) (ICCTA preempts state nuisance claims limiting use/operation of side track)
- Friberg v. Kansas City Southern Ry. Co., 267 F.3d 439 (5th Cir. 2001) (state common-law claims preempted when they would limit railroad operations)