SUMMIT - Friday afternoon, Dec. 5, Superior Court Assignment Judge Edward W. Beglin, Jr. ruled in favor of the county and Morristown and Erie Railroad.
Judge Beglin said the legal filings were late, coming long
after the agreement between Union County and the railway, which took place on
May 9, 2002. F. - See Agreement
Common Councilman John Maher said, "This is a disappointing result, but we had a sense that the state court might not be the place to rule on the issue." The five-community effort will take the next step, he said, with the Surface Transportation Board in Washington, D.C. Attorney Scott Stone has been hired to represent the towns.
City Solicitor Barry Osmun was expected to report on the hearing at last nigth's council meeting, Tuesday, Dec. 16.
The court hearing in Elizabeth is just one step a coalition
of five communities is taking to prevent the Morristown and Erie Railroad from
re-opening freight lines through several Union County towns. Summit has joined
with Kenilworth, Roselle, Roselle Park and Springfield to halt the process. -
See previous Newspaper
Map
The communities have challenged the Union County Board of Chosen Freeholders regarding its contract with the rail line. M&E, meanwhile, has taken the position that state courts have no authority over railroad issues.
Despite organized and vocal objections, including a Stop the Train Coalition, railroad ties are being replaced and warning systems at crossings will be installed once approval is given by the Department of Transportation.
M&E expects the Cranford to Linden section to be
completed by next year and the Cranford to Summit track by 2005. The
discontinued rail line through Summit would require re-building of two
overpass railroad bridges. - See Q & A about reactivation Full
Story
Courtesy of The Independent Press - December 17, 2003
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