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Saturday, May 30, 2009
Courts - DC Circuit refuses to review ruling on Indiana rail line
The South Bend Tribune has posted this AP story:
WASHINGTON, D.C. (AP) — A U.S. appeals court on Friday declined to review a federal board's decision rejecting a request by the city of South Bend and the Brothers of Holy Cross to have two interconnected rail lines declared abandoned.In 2006, the city and priests asked the federal Surface Transportation Board to declare the 3.7-mile rail line abandoned because it is no longer used or maintained by Norfolk Southern. The request was made after officials with South Bend Railway announced it wanted to buy and refurbish the line and use it for freight service, including possibly delivering coal to a power plant at the University of Notre Dame and perhaps eventually to transport fans to Notre Dame football games.
Notre Dame officials said at the time the school was not interested. The city argued that it could use the land for sewers if the line was abandoned.
The Surface Transportation Board, though, said it was in the public interest to preserve the lines because Notre Dame in the future might accept the coal by rail.
The city and priests argued the board's decision was arbitrary and capricious. The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the board acted reasonably.
Posted by Marcia Oddi on May 30, 2009 12:18 PM
Posted to Courts in general