Wheeling & Lake Erie Railway Company v. Village of Hopedale,Ohio, c/o Michael Pelegreen, Sr., Village Mayor et al

Filing 5

ORDER granting 3 Plaintiff's Motion for TRO; Evidentiary Hearing is scheduled for 6/19/17 at 10:00 a.m. Signed by Judge James L. Graham on 6/9/17. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Wheeling & Lake Erie Railway Co.,
v.

Plaintiff,

Case No. 2:17-cv-491
Judge Graham

Village of Hopedale, Ohio, et al.,
Defendants.

TEMPORARY RESTRAINING ORDER
This matter is before the Court on the emergency motion of Plaintiff Wheeling & Lake Erie
Railway Company (“the Wheeling”) for a temporary restraining order. Pursuant to S.D. Ohio Local
Civil Rule 65.1, the Court conducted a preliminary conference on June 9, 2017 with counsel for all
parties present.
The Court finds the motion to be well-taken and hereby GRANTS the temporary restraining
order. Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure, the Court specifically finds:
(1) a substantial likelihood that the Wheeling will prevail on the merits of its declaratory judgment
claims in that the Interstate Commerce Commission Termination Act, 49 U.S.C. 10101, et seq., the
Supremacy Clause of the Constitution of the United States, and the Commerce Clause of the
Constitution of the United States, specifically prohibit the Defendants from the conduct set forth in
the Wheeling’s verified complaint; (2) the Wheeling will suffer irreparable harm in the absence of
this order; (3) no substantial harm justifies denial of the Wheeling’s motion; and (4) the public
interest is served by the imposition of this order.
The Court therefore orders that Defendants Village of Hopedale, Michael Pelegreen, Sr.,
Ronald Hawkins, and their employees or agents immediately cease and desist from any interference,
including by prohibition, prosecution, threat of prosecution, or other action, with the Wheeling’s

efforts to perform necessary emergency repairs to a collapsed drainage culvert beneath West Main
Street in the Village of Hopedale, Ohio.
The Court further orders that the Wheeling allow representatives for the Village access to
the site(s) of the repair and not interfere with the Village’s ability to observe and document the
repair work being done.
Pursuant to S.D. Ohio Local Civil Rule 67.1, the Wheeling shall post bond in the amount of
Five-Thousand dollars ($5000).
The Court hereby sets this matter for an evidentiary hearing on the Wheeling’s request for
injunctive relief on June 19, 2017 at 10:00 a.m.

s/ James L. Graham
JAMES L. GRAHAM
United States District Judge
DATE: June 9, 2017