Court of Appeal to hold hearing for Mendocino Railway
FORT BRAGG, CA » Following an emergency request by Mendocino Railway, the Courts of Appeal issued an order on May 4th suspending the City’s case before Judge Brennan while it reviews his ruling allowing that case to proceed in Mendocino County Superior Court.
The City of Fort Bragg filed a lawsuit in Superior Court, in a misguided attempt to end Mendocino Railway’s status as a public utility, which is regulated by the California Public Utilities Commission (and the federal Surface Transportation Board). The CPUC and the STB stand as an obstacle to the City’s desire to subject Mendocino Railway to its plenary power. As argued in its emergency request to the Court of Appeal, the Superior Court has no jurisdiction to hear challenges to a railroad’s status as a CPUC-regulated railroad (only the CPUC does). Mendocino Railway has asked the Courts of Appeal to reverse Judge Brennan’s erroneous ruling and compel him to dismiss the City’s case. The First Appeal District is expected to rule sometime in June 2022, after it receives further briefing by the parties.
“We are pleased that the Courts of Appeal have stopped the proceedings pending in Judge Brennan’s Court and are reviewing his ruling,” said Robert Pinoli, president of the Mendocino Railway. “However, now that the city council has achieved its objective of derailing the redevelopment of the former mill site, there is no need for lawsuits or to sabotage a loan that will create jobs and create economic activity for the communities of Fort Bragg and Willits. This is an egregious misuse of taxpayer dollars.”
Mendocino Railway, which operates the Skunk Train, contends that the city’s lawsuit, combined with an effort to lobby federal authorities to deny an infrastructure improvement loan, was part of a broader political strategy to place economic pressure on the railway to abandon plans to redevelop it’s property. The $21.5 million U.S. Department of Transportation loan would be used to refurbish rails and a tunnel in order to restore the historical rail connection between Fort Bragg and Willits, allowing increased movement of passengers and freight. The loan has no connection to the abandoned redevelopment project.
On May 5, 2022, Mendocino Railway announced that the toxic political environment in Fort Bragg has made the redevelopment of the former Georgia Pacific lumber mill infeasible under the city’s current political leadership. The lumber mill that once employed 2,000 workers closed in 2002, and today, the property consists of broken concrete and blighted structures.
“By derailing the redevelopment of the former mill site, the Fort Bragg City Council squandered the best opportunity in 20-years to create quality jobs, new housing and greater coastal access,” said Pinoli. “Inaction and squandered opportunities will be this city council’s legacy. New leadership on the council is needed to restore trust and to bring real economic opportunity to the city.”