The five Union County towns looking to stop the reactivation of the Staten Island and Rahway Valley rail lines will appeal to federal court after a Superior Court judge dismissed their arguments Friday.
Union County Superior Court Assignment Judge Edward Beglin Jr. decided that state courts do not have jurisdiction over the matter, concluding that it is an issue that belongs before the Surface Transportation Board, the federal agency that oversees railroads.
Beglin began by noting the "dramatic effect that this will have on Union County," but as the five towns contended in the oral arguments that the county violated various state laws when it contracted with the Morristown and Erie Railway Inc. to have the two freight lines restored, the judge was confused as to what his jurisdiction would be.
Alexander Booth Jr., of Brownstein, Booth and Associates, spoke on behalf of the county, stating that "factually, there's nothing there," concerning the allegation that the freeholders violated both the Open Public Meetings Act and the Public Contracts Act.
Beglin added that he has proof of publication in two newspapers within a 48-hour period and a certification from an official that fliers were posted concerning the railway.
Beglin granted the municipalities 30 days from Friday to prove a violation of the Open Public Meetings Act, which he questioned their exploration of.
Representing the plaintiffs was Vincent Loughlin of the Borough of Roselle Park, who was the main speaker throughout the proceedings, Roselle Borough Attorney John DeMassi, Summit City Attorney Barry Osmun, Kenilworth Municipal Attorney Harvey Fruchter, and Kathleen Estabrooks, special counsel to Springfield.
The Staten Island rail line runs from Cranford to Linden,
but those two communities have not joined the other five in the lawsuit. - See
previous Newspaper
Map 
"It's interesting to note Cranford and Linden aren't participating in these proceedings," Beglin said. The Township of Union also has not joined the lawsuit.
DeMassi argued that the municipalities relied on a resolution that said unless all the communities agreed that they would not be affected, the railroad would be deactivated.
Osmun agreed, saying, "We had the assurance of the county that nothing would happen, and all of a sudden in June, they changed the rules."
In the end, Beglin dismissed everything except for a chance to explore a June 5 freeholder meeting which may be in violation of the Open Public Meetings Act.
In conclusion, Beglin said, "What the county has done here, under state law, appears to be proper governmental function."
According to Springfield Township Attorney Bruce Bergen, who was present at court, each municipality's attorney will go back to their respective governing bodies and seek guidance.
JoAnn Dillon, a Kenilworth resident and co-president of the Stop The Train Committee formed by community members, said that the upcoming state level appeal just helps push the effort along.
"We're moving ahead even more determined," she said, noting that the loss in court was still disheartening. "We're strong as ever, and this is just part of the battle. They haven't won the war," she said.
Estabrooks, who is also the Planning Board attorney for Springfield, said that all towns will consult with their respective attorneys to discuss the appeal.
"Anytime there's an. appeal," .she added, "it's going to be a very lengthy process."
Although Beglin said that they would have 45 days to appeal the decision from Friday, Estabrooks said that no municipality has received a written notice yet, thus delaying an official beginning of the time period allowed to appeal.
In a statement released by County Manager George Devanney, it is stated that the court ruling has reaffirmed the county's legal research that was previously conducted regarding the matter.
The statement continues to say that the county "negotiated an operating agreement which allows us the maximum amount of control over the rail lines permitted by federal law, including control over the number of trains that will run through every week, and the timing of when they run through, along with control over the size and speed of the train and what they carry:"
The M&E intends to have the Cranford to Linden line set
up and running by next year and the Cranford to Summit track finished within
two years. - See Reactivation
Details
Courtesy of Echo Leader - December 11, 2003
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