In a landmark decision issued on May 23, 2025, the Supreme Court of Virginia ruled in favor of Sidley’s client, Norfolk Southern. Sidley presented oral arguments in April challenging the constitutionality of a recently enacted statute that allowed private, for-profit broadband service providers to take and permanently occupy railroad property with minimal or no compensation.
The Sidley team argued, and the court held, that the statute authorizes a private broadband provider to condemn railroad property without establishing a public use, in violation of the Virginia Constitution. The court also agreed with Sidley’s argument that the statute independently violates the Constitution because it does not require any condemnor to prove a public use. The Court thus ruled that a private broadband provider cannot use the statute to install its equipment on Norfolk Southern’s property.
The Sidley team representing Norfolk Southern was led by Tobias Loss-Eaton, who argued the case, and included Raymond Atkins, Gordon Todd, Stephen Laudone, and Chike Croslin (Sidley alumnus).
