Federal Judge dismisses injunction claim about Cross Kirkland Corridor rail removal

Cottonwood Park is in the distance down the rail road tracks. Norkirk Neighborhood to the left, The Highlands to the right.

Ballard Railroad files injunction with Surface Transportation Board

  

On May 3, 2013 Federal District Court Judge Marsha Pechman granted the City of Kirkland’s motion to dismiss  a case filed by Ballard Terminal Railroad Company seeking to prevent rail salvage on the Cross Kirkland Corridor.  Ballard’s injunction request sought to stop the City from removing the rail tracks and ties along the Cross Kirkland Corridor.  In April 2012, the City purchased a 5.75 mile segment of the Eastside Rail Corridor which is a portion of a railbanked rail corridor that runs from Renton, WA to Snohomish, WA.  Kirkland named its segment the Cross Kirkland Corridor and, after rail salvage, plans to construct an interim trail while developing plans for long term multi-modal transportation uses. In addition to the claim filed in federal court, Ballard filed a petition with the federal Surface Transportation Board (STB) seeking to reactivate the Eastside Rail Corridor for freight service from Woodinville to Bellevue, WA.

 

In her oral ruling, Judge Pechman stated the Federal District Court did not have jurisdiction to consider Ballard’s temporary restraining order (TRO) and that the STB was the proper forum for adjudicating Ballard’s claims.

 

As a result of the dismissal, Ballard has filed a motion for a preliminary injunction in the pending STB proceeding.  A hearing date has not been set.

 

For Cross Kirkland Corridor updates, please visit www.kirklandwa.gov/crosskirklandcorridor and subscribe to receive email notifications.