Ballard Terminal Railroad has filed a complaint with the United States District Court against the City of Kirkland and temporary restraining order to halt the City's planned removal of rail on the Cross Kirkland Trail (or Corridor).
The following is from documents filed with the court. You can download the PDFs of the complaint here:
TRO SUMMARY OF ARGUMENT
Ballard has submitted two petitions to the STB in which it seeks an exemption from 5 the provisions of 49 U.S.C. § 10902 to enable it to acquire the residual common carrier rights 6 and obligations relating to an abandoned rail line located in this district, including the right to 7 reinstate rail service. As part of its petition, Ballard has asked that the STB order the transfer 8 all of the rail assets along the line to Ballard at net liquidation value. 9 The STB has exclusive jurisdiction over whether Ballard can reinstate rail service on 10 an abandoned line, and thus, over the removal of rail assets along the line. Because these 11 issues are currently pending before the STB, the City should be enjoined from removing the 12 rail assets until the STB has rendered its decision on Ballard’s petitions. If the City is not 13 enjoined, Ballard will lose its opportunity to have the STB—the only authority that can 14 properly consider the issue—render a decision. By losing this opportunity, Ballard will be 15 irreparably harmed, and will have no adequate damage remedy. The removal of the City’s rail 16 assets along the Woodinville-Bellevue line will also make it extremely difficult, if not 17 impossible, for Ballard to reinstate rail service, because of the substantial cost Ballard would 18 have to incur to reinstall the rail and crossing materials along the line. This too will result in 19 irreparable harm to Ballard. As such, the Court should issue a TRO.