Mid Atlantic Real Estate Journal — June 14 - 27, 2013 — A
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M id A tlantic R eal E state J ournal In The Third Circuit Court of Appeals State property rights victory for Kaplin Stewart against the railroad
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LUE BELL, PA — Marc Kaplin, Esq. and Pamela Tobin,
tation, Inc.’s failure to control the storm water runoff from its railroad track adjoin-
versed the trial court’s deci- sion, holding that the federal regulation did not authorize CSX to discharge its storm water directly onto the Mall’s property. The Appeals Court concluded that the regulation was never intended to give the railroad the authority to disregard state property rights. The Third Circuit’s decision is a vindication of state rights and a reminder that landowners have a cause of action against adjoining property owners who do not properly control their storm water. n
Esq. of Kap- lin Stewart in Blue Bell, PA , h a v e s e c u r e d a precedent - setting state rights vic- tory in the ThirdCircuit Court of Ap-
ing the Mall property. The trial court agreed with C S X t h a t it was im- mune from liability un- der the Fed- eral Railway Safety Act,
Properties for Sale or Lease Large or Small
Call Tim: 978-808-0976
Marc Kaplin
Pamela Tobin
49 U.S.C. € 20106. Marc Kaplin argued the Mall’s case before the Third Circuit Court of Appeals which re-
peals for their client, the Mac- Dade Boulevard Mall. The lawsuit was filed as a result of a dispute over CSX Transpor- MBA Hotel Brokers arrange $4.5m sale
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