Columbiana County Port Auth. v. Boardman Tp. Park

• Decision Date: 06 July 2001
• Docket Number: No. 5:01CV1127.,5:01CV1127.
• Citation: 154 F.Supp.2d 1165
• Parties: COLUMBIANA COUNTY PORT AUTHORITY, et al., Plaintiffs, v. BOARDMAN TOWNSHIP PARK DISTRICT, Defendant.
• Court: U.S. District Court — Northern District of Ohio

154 F.Supp.2d 1165

COLUMBIANA COUNTY PORT AUTHORITY, et al., Plaintiffs, v. BOARDMAN TOWNSHIP PARK DISTRICT, Defendant.

No. 5:01CV1127.

United States District Court, N.D. Ohio, Eastern Division.

July 6, 2001.

COPYRIGHT MATERIAL OMITTED

MEMORANDUM ORDER AND OPINION¹

ECONOMUS, District Judge.

This matter is before the Court upon the Complaint for declaratory and injunctive relief filed by Plaintiffs, Columbiana County Port Authority and Central Columbiana & Pennsylvania Railway, Inc. (collectively "Plaintiffs") (Dkt.# 1). By their Complaint, Plaintiffs assert the following claims: Count I—That the Plaintiffs are entitled to a declaratory judgment that the statutory condemnation authority granted to the Defendant, Boardman Township Park District, is preempted by Federal law, specifically the Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S.C. § 10101, et seq.;² Count II— That the Plaintiffs are entitled to a declaratory judgment determining that they hold a valid easement and right-of-way which permits them to operate the railroad tracks which they acquired by order of the Surface Transportation Board ("STB"), a Federal agency; Count III—That the statutory condemnation authority granted to the Park District violates the Commerce Clause, Article I, Section 8 of the United States Constitution; Count IV—That Plaintiffs are entitled to a declaratory judgment that the order of the Mahoning County Court of Common Pleas did not grant the Park District ownership of the easement and right-of-way associated with the railroad tracks in issue in this matter (Dkt.# 1).

In conjunction with their Complaint, the Plaintiffs filed an Emergency Motion Seeking Entry of a Temporary Restraining Order (Dkt.# 5). On May 24, 2001, the Court granted the Plaintiffs' Motion for a Temporary Restraining Order (Dkt.# 7).³ On June 6, 2001, a hearing was held on the Plaintiffs' request for a preliminary and permanent injunction, which the Court took under advisement. Pending the resolution of the Plaintiffs' request for an injunction, the Court continued the Temporary Restraining Order. On June 15, 2001, the parties submitted a Joint Stipulation that the Temporary Restraining Order would remain in effect pending the Court's resolution of the issues involved in this action (Dkt.# 17).

By Order filed June 21, 2001 (Dkt.# 18), the Court denied the Defendant's Motion to Dismiss (Dkt.# 6) with respect to the assertion that this Court is without subject matter jurisdiction. The Court reserved judgment on the remaining issues, including those raised by Defendant pursuant to FED. R. CIV. P. 12(b)(6).

FACTS

Columbiana County Port Authority ("CCPA"), is a quasi-public agency organized under the laws of the State of Ohio. Central Columbiana & Pennsylvania Railway, Inc. ("CCPR"), an Ohio corporation, is a common carrier by railroad engaged in providing interstate rail freight service. Defendant, Boardman Township Park District ("Park District"), is a public agency as defined by the Ohio Revised Code. The Park District services the recreational and enjoyment needs of residents of Boardman Township and the surrounding communities.

Prior to November 8, 1996, the Youngstown & Southern Railroad ("Y & S") owned the rail line between Youngstown, Ohio and Darlington, Pennsylvania (hereinafter "the Line"). (See, Plaintiffs' Ex. 1, Railroad Ventures, Inc.—Abandonment Exemption—Between Youngstown, OH, and Darlington, PA, in Mahoning and Columbiana Counties, OH, and Beaver County, PA, AB-556 (Sub-No. 2X), 2000 WL 1470451(ICC), at * 1 (STB October 4, 2000) ("October Decision").) On November 8, 1996, the Line was sold to Railroad Ventures, Inc. ("RVI"). (See, id.; Plaintiffs' Ex. 12, Quitclaim Deed, dated November 8, 1996, between RVI and Y & S.) Pursuant to the provisions of that Quitclaim Deed, Y & S transferred to RVI, its successors and assigns, all right, title and interest in and to all that land, property rights, right-of-way, track, track material, ties and buildings and/or easement(s) situate, lying and being in the Townships of Beaver and Boardman and the City of Youngstown, Mahoning County, Ohio hereinafter collectively designated "the Premises." (Plaintiffs' Ex. 12 at p. 1.) The Premises included specified parcels of land including real estate common to "the land now or formerly [owned by] Boardman Supply." (Id. at pp. 8-10.)

The Quitclaim Deed provides that the Premises were to be identified as "Being all or part of the same property acquired by Grantor or a predecessor of Grantor as set out in the deed books and pages, recorded in the Office of Public Records of Mahoning County, Ohio, set forth on Exhibit B, attached hereto and incorporated herein; LESS any interim conveyances of parcels or parts of parcels to third parties since date(s) of acquisition." (Id. at p. 12.) Plaintiffs' Ex. 14, which is the Y & S Valuation or "Right of Way and Track Map" designated "VS5-Ohio, Map 6," is specifically listed in Exhibit B to the Quitclaim Deed. The Y & S main line and its right-of-way, as well as the passing track, are openly displayed and delineated on this map, which was revised December 31, 1955. The interests conveyed to RVI by Y & S also included "all right, title and interest retained by [Y & S] in previously conveyed properties of which said Premises is a part." (Plaintiffs' Ex. 12 at p. 13.) Finally, the conveyance was "expressly made under and subject to all occupations, easements or rights-of-way, as evidenced by instruments of record or as may be apparent on the premises." (Plaintiffs' Ex. 12 at p. 13.)

On July 15, 1997, the STB approved the acquisition of the Line by RVI from Y & S. (See, Stipulation of Facts at ¶ 8.) On January 24, 2001, pursuant to Orders of the STB in its Docket No. AB-556 (Sub-No. 2X), Railroad Ventures, Inc.—Abandonment Exemption—Between Youngstown, OH, and Darlington, PA, in Mahoning and Columbiana Counties, OH, and Beaver County, RVI transferred all land, track and related material and property interests previously owned by Y & S to CCPA. (See, Stipulation of Facts at ¶ 16; Plaintiffs' Ex. 5 at ¶ 4.) Plaintiffs' Ex. 14 indicates that the passing track is parallel to the main line and extends in a northerly direction from Y & S Station 392+95.00 to Y & S Station 376+84.00. A team track, 363 feet in length, appears to extend in a northerly direction from a switch located on the passing track at Y & S Station 379+74. In addition, an industrial spur, which consists of two parallel tracks, approximately 600 feet in length, extends in a northerly direction from the passing track at Y & S Station 385+03. The location of the spur, which was misidentified prior to the hearing, was corrected during the course of the hearing and marked in red. (See, Tr. at 6.)

At an undetermined point in time, a portion of the passing track that was located north of Y & S Station 385+03, as well as the team track and the switches at Y & S Stations 379+74 and 376+84.00, were removed. (See, Tr. at 14, 21-22, 50. Plaintiffs' Ex. 5 at ¶ 10, and photograph 13.) The party responsible for removing the switches and rail has not been determined. The track was converted to a "doubling track" when the northern switch was removed. However, the conversion of the track did not affect the use of the track by either Y & S or PL & W. (See, Plaintiffs' Ex. 5 at ¶ 10; Tr. at 15, 49.) A portion of the industrial spur inside the Boardman Supply Company ("Boardman Supply") property was also removed when Boardman Supply constructed its new office building in 1994. (See, Tr. at 18.) The remaining portion of the spur remains in place, along with a loading dock that was put in to accept box cars when the new office building was constructed. (See, id.) The loading dock is adjacent to the industrial spur that extends off the passing track. Although the loading dock was built in 1994, it does not appear that rail service was provided to Boardman Supply following the conveyance of the real estate from Y & S to Boardman Supply. (See, Plaintiffs' Exhibit 5 at ¶ 9; see also, Tr. at 7, 18.) As a result, it appears that the rail operations conducted by Y & S and PL & W which utilized the passing track had nothing to do with delivering materials to Boardman Supply.

Mr. Walter J. Gane worked as a brakeman, conductor, fireman and engineer for Y & S from 1976 until 1993, and as the Superintendent for PL & W from 1993 until June 1995, when the Line was leased to Ohio and Pennsylvania Railroad Company ("O & P"). (See, Plaintiffs' Ex. 5 at ¶¶ 2 and 10.) Mr. Gane has testified that prior to the date that it ceased operations over the Line in 1993, Y & S used the passing track in the movement of interstate traffic. He has also testified that after PL & W replaced Y & S as the operator in 1993, PL & W continued using the passing track in the movement of interstate traffic. According to Mr. Gane, as a means to improve the efficiency of their line haul operations, both Y & S and PL & W split heavy trains into segments at the northern end of the Line in Youngstown. After pulling the first group of cars up the hill from Poland Avenue in Youngstown, the engineer would push them onto the passing track at the south switch, uncouple them and return with the locomotive to the bottom of the hill to pick up the balance of the cars. As Mr. Gane explained, the general practice is to keep the locomotive on the main line track and not to pull cars through a switch. Because the Line was embargoed following the subsequent sale of the Line to RVI in November 1996, few, if any, rail operations were conducted over the Line after RVI acquired the Line. (October Decision at *1, *2.) When the Line was operational, the passing track was not used for storage purposes. (See, Plaintiffs' Ex. 5 at ¶ 9.) When the Line was operational, the passing track was not used for loading, unloading or reloading. (See, Plaintiffs' Ex. 5 at ¶ 9.) As reflected by the Y & S valuation map and its track chart,...