Kansas City Southern Railroad Company et al v. Borrowman et al
Filing
105
OPINION: The Sny Island Levee Drainage District's 2009 assessment is hereby ENJOINED. The parties are directed to file a joint status report by September 9, 2011. The joint status report shall address how to handle the funds that were deposited with the Clerk pursuant to the Court's Opinion of September 29, 2009, how the case should proceed from here, and any other issues the parties deem relevant. Entered by Judge Sue E. Myerscough on 8/30/2011. (ME, ilcd)
E-FILED
Tuesday, 30 August, 2011 02:24:53 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
KANSAS CITY SOUTHERN
RAILWAY COMPANY and
NORFOLK SOUTHERN
RAILWAY COMPANY
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Plaintiffs,
v.
RUSSELL E. KOELLER,
et al.,
Defendants.
No. 09-3094
OPINION
On July 27, 2011 the Seventh Circuit Court of Appeals issued a
decision reversing this Court’s judgment in Kansas City Southern
Railway Co. v. Koeller, No. 10-2333 (7th Cir. filed July 27, 2011). The
Mandate issued on August 18, 2011. See d/e 103.
In it’s decision, the Seventh Circuit concluded the Sny Island Levee
Drainage District’s 2009 assessment discriminated against Plaintiff
railroad carriers. In addition to reversing this Court’s judgment, the
Seventh Circuit remanded with directions that “[o]n remand, the district
court must enjoin the 2009 assessment, while at the same time leaving
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the District free to go back to the drawing board and craft an assessment
that is non-discriminatory,” as the Seventh Circuit explained that
concept in its Opinion. Kansas City Southern Railway Co., No. 102333, slip op. at 33.
THEREFORE, the Sny Island Levee Drainage District’s 2009
assessment is hereby ENJOINED. The parties are directed to file a joint
status report by September 9, 2011. The joint status report shall address
how to handle the funds that were deposited with the Clerk pursuant to
the Court’s Opinion of September 29, 2009, how the case should proceed
from here, and any other issues the parties deem relevant.
ENTERED: August 30, 2011
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATE DISTRICT JUDGE
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