Testified in Federal District Court on behalf of the
City of West Palm Beach, which was sued by a railroad claiming that federal
preemption prevented the City from enforcing zoning restrictions on land the
railroad leased to one of its customers. The
City won the case and the judge quoted Dick Schiefelbein�s testimony
extensively in his reasoning. (110
F.Supp.2d 1367)
Presented a verified statement to the Surface
Transportation Board on behalf of the Riverview Trenton Railroad Company in its
application to create a railroad to handle intermodal shipments for industries
located in Detroit, particularly those related to the automobile industry.
The verified statement described a similar neutral intermodal terminal in
Houston and and similar terminal switching operations, concluding that the
proposal put the two concepts together in a unique transportation service
offering. Riverview Trenton Railroad was given permission to operate a railroad;
the decision cited Dick Schiefelbein's verified statement on the competitive
benefits of independent terminals like that proposed in the proceeding. (Surface
Transportation Board Finance Docket No. 34040)
Prepared an affidavit submitted in Federal District
Court on behalf of the Norfolk Southern Railway Company in its suit against the
City of Maple Heights, Ohio, which had attempted to enforce its noise ordinance
against an intermodal container loading facility operated by the railroad.
Dick Schiefelbein's affidavit stated that the activities at the facility were
part of Norfolk Southern's railroad operations and were typical of railroad
intermodal operations elsewhere in the country. Because these were
railroad operations, the City was preempted from enforcing its local regulations
against the railroad. The granted Summary Judgment in favor of the
railroad. (United States District Court for the Northern District of Ohio,
Eastern Division, Case No. 1:02CV1468, Judge Patricia A. Gaughan)
Testified in Federal District Court in the Milwaukee
Road bankruptcy proceedings, presenting the federal government's plan to have
other railroads operate portions of the Milwaukee Road if it ceased operation.