Middletown to dismiss CSX lawsuits and pursue complaints with the Surface Transportation Board

Middletown Township supervisors on Feb. 5 voted to dismiss parallel criminal and civil actions involving CSX and to pursue regulatory remedies through the Surface Transportation Board (STB) after updated case law weakened the township’s courthouse position.

Township Solicitor Michael Esposito reviewed litigation that began in 2015 over repeated CSX train blockages at the Woodburn Road crossing. He said that after initially issuing criminal citations under Pennsylvania’s anti‑blocking statute the township faced appeals and a civil suit by CSX asserting federal preemption. Two recent decisions, including a Franklin County case and a county court ruling on a local citation appeal, found federal law preempted the state anti‑blocking statute, undermining the township’s criminal‑citation strategy.

Esposito recommended accepting a mutual dismissal proffered by CSX — the company would dismiss its civil action if the township dismissed the criminal appeals — and pursuing alternative remedies with the STB. He described two paths at the STB: an informal complaint through the STB’s public assistance program to enter mediation with CSX, and a formal complaint that would trigger a hearing and binding remedies but take longer.

Chief Joseph Bartarelli and board members described the public‑safety and community impacts from trains blocking the crossing, including delayed emergency vehicles and school buses. Esposito said the township intends to file an informal complaint and pursue a formal complaint if needed.

The board voted 5‑0 to approve the dismissal agreement and authorized the solicitor to take actions with the STB on the township’s behalf.