Thursday, Feb. 10, 2011
Court rules bridge graffiti Cayce's problem
Cayce has lost its legal fight to force Norfolk Southern Railway to clean graffiti off its only railroad overpass in the city.
A unanimous state Supreme Court ruled Monday that a 2007 change in a city law is overridden by the U.S. Constitution and federal laws that protect railroad companies from a patchwork of local laws that could impede interstate commerce.
Cayce fined Norfolk Southern $500 that year for violating a newly enacted prohibition on eyesores on trestles and walkways that cross above public streets. Only one trestle met the standard, the Norfolk Southern overpass on the Old Charleston Highway between the Piggy Park restaurant and I-26, city attorney Danny Crowe said Wednesday.
A unanimous state Supreme Court ruled Monday that a 2007 change in a city law is overridden by the U.S. Constitution and federal laws that protect railroad companies from a patchwork of local laws that could impede interstate commerce.
Cayce fined Norfolk Southern $500 that year for violating a newly enacted prohibition on eyesores on trestles and walkways that cross above public streets. Only one trestle met the standard, the Norfolk Southern overpass on the Old Charleston Highway between the Piggy Park restaurant and I-26, city attorney Danny Crowe said Wednesday.
The city tried for two years to get Norfolk Southern to clean the trestle, which was rusty and painted with graffiti, according to the justices’ decision. Cayce called the trestle an eyesore and a nuisance that created a bad impression of the city along a heavily traveled thoroughfare.
The bridge is so ugly that it hurts property values in the vicinity, Cayce said.
Norfolk Southern refused, saying it could not afford to repaint the entire trestle, which it said could cost $250,000 if lead paint needed to be removed. The rail company told Cayce it would give the city access to the trestle if the city wanted to paint it itself. Cayce declined.
The rail company argued that if Cayce’s law were upheld, railroad companies could not afford the price tag. Norfolk Southern said its rails stretch 20,000 miles in 22 states. Norfolk Southern said the trestle is structurally safe and that it does not paint any for cosmetic reasons.
A municipal judge sided with Cayce. But a circuit judge and the Supreme Court overturned that ruling.
The bridge is so ugly that it hurts property values in the vicinity, Cayce said.
Norfolk Southern refused, saying it could not afford to repaint the entire trestle, which it said could cost $250,000 if lead paint needed to be removed. The rail company told Cayce it would give the city access to the trestle if the city wanted to paint it itself. Cayce declined.
The rail company argued that if Cayce’s law were upheld, railroad companies could not afford the price tag. Norfolk Southern said its rails stretch 20,000 miles in 22 states. Norfolk Southern said the trestle is structurally safe and that it does not paint any for cosmetic reasons.
A municipal judge sided with Cayce. But a circuit judge and the Supreme Court overturned that ruling.
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