Wolf Wallenstein recently prevailed for a Class 1 railroad client that was being fined thousands of dollars a week by a California city under a nuisance abatement ordinance. The city had levied the fines based on rubbish and belongings left by trespassers, despite the railroad’s regular efforts to remove these items and assist in relocation of the trespassers. At a recent administrative appeal hearing, the hearing officer invalidated the fines, adopting the firm’s arguments that the ordinance was unconstitutional on facial and as-applied grounds by failing to give the railroad a reasonable opportunity to cure the recurring conditions.
Wolf Wallenstein partners Michael Wallenstein and Justin Brossier represented the railroad in the matter.
