A Farmingdale trash hauler subletting railroad land still has to follow Babylon Town rules - even though the railway is under federal control, a U.S. Court of Appeals panel decided this week.
Babylon wants to shut down the trash hauler, Coastal Distribution Llc., which operates out of a dusty strip on the southwest corner of Pinelawn Cemetery.
The LIRR has leased the land from Pinelawn Cemetery for a century, and, through its freight carrier New York & Atlantic Railroad Co., the LIRR sublet the land to Coastal.
Pinelawn hired a Philadelphia law firm, Duane Morris LLP, to pursue the case and try to shut down the hauler, on New Highway at the LIRR tracks just north of Republic Airport.
The Second Circuit on Wednesday favored Babylon, the cemetery and the federal Surface Transportation Board, or STB, which all wanted to shut down the hauler.
And it rejected the trash hauler's claim that the "transload facility is an integral part of the NYAR's railroad operations, and thus entitled to federal preemption." The decision said, "As we find the decisions by the STB were neither arbitrary nor capricious, we deny the petition."
Back-to-back with Pinelawn Cemetery, the yard features a hangar-sized shed piled high with refuse.
Coastal Distribution did not respond to a request for comment on whether it would appeal.