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Remember opinions expressed do not necessarily reflect that of MendoFever nor have we checked the letters for accuracy. For full disclosure, the Mendocino Railway is one of MendoFever’s advertisers.
This letter was written in response to a letter penned by Chris Hart of Mendocino Railways published on 9/2/2024 which can be read here.
Dear Editor-
Mr. Hart, co-owner of the Skunk Train, has fully endorsed two of my opponents. That is his right. So we all know where this is coming from.
However, Mr. Hart, need I remind you we are meeting in mediation negotiations next week to try and resolve our differences out-of-court. I think we can both agree on that course of action. As a negotiating partner sitting at the table during ongoing mediation, you don’t state your case and negotiate through the press. Ever. In most negotiations, there is language actually preventing either side from doing so. I’m surprised Mr. Hart failed to realize this. In view of this fact, his team certainly doesn’t want to be negotiating in bad faith. This attack piece is an obvious political ad thinly veiled as an Op-Ed. Moreover, it is directed at a member of the upcoming mediation team. Namely me.
On behalf of the constituents I represent, it is better not to comment on Mr. Hart’s allegations through the media. I will be negotiating in good faith.
I do want to thank Matt for the opportunity to respond but I’ll respectfully decline any further comment on Mr. Hart’s misrepresentation of the candidate’s forum other than to suggest to readers that they should watch it for themselves if they haven’t already.
This town is not for sale.
-Fort Bragg City Council Candidate Lindy Peters
A judge rejected Mendocino Railway’s claim it is a public utility with power to condemn land through eminent domain.
MARY CALLAHANApril 28, 2023
Go gettem Lindy
Once again, Peters is being loose with facts. His very first sentence is false. I have not endorsed any candidate, nor has our company. Further, I have not made any donations to any candidate, nor has our company. I find his accusation especially troubling since last weekend his campaign person Laura stated I was buying candidates, and he now writes the town is not up for sale, implying that I’m doing something wrong in this election. If he has a shred of information to back his slanderous accusations, share it.
For a person with 22 years of on the Council, I appreciate his public service, but using fake scare tactics to bolster a campaign is beneath him. My only involvement in this election is to respond to the attacks he has thrown at me for the past 2 years. That is my right.
He writes how we are about to meet and how I should not negotiate in the press, but he did that very thing on Spt 19! He misrepresented a string of significant facts. Further, he said he can’t reveal protected information but then proceeded to do it anyway. Apparently in an attempt to bolster his image, he criticized my company with false information. So its okay for him to go on tv and negotiate in the press but I can’t respond a week later? For a person who likes to say how we should play by the same rules, I think he should listen to his own advice.
“Peters also misleadingly said we “only have three miles of track,” ignoring that we have another 37 miles from Tunnel #1 to Willits, actively used for freight and passenger service. He’s played a key role in blocking our efforts to reopen the tunnel but criticizes us for not doing so. Peters shows hypocrisy at its worst.”
I firmly believe that it is a positive for Ft. Bragg and Mendocino county to have the Skunk Train thrive and prosper as a tourist attraction. I’m not at all sure why Ft. Bragg is not doing all that they can to facilitate this. However, Mr. Hart does not inspire trust or good will when he makes demonstrably false claims such as the above portion of his letter stating that 37 miles are being actively used for freight and passenger service.
The skunk no longer runs more than 4 miles from Willits. It never reaches Northspur and they have seemingly given up on reopening the daily excursions that brought people into the Noyo Valley where they could disembark, have food and beer/wine, and listen to music. There was a fire at this famous stop that was started by tweakers hired by the Skunk Train to “manage” this part of the operation. Several building were destroyed and, despite insurance claims, they have never been rebuilt.
The long and short of it is that despite all the claims and Federal money taken, the tunnel has never been reopened and the train does not run more than 4 miles past Willits either. The tracks are rusted like never before and bridges and trestles have not been maintained. The calculus seems to be that it costs too much to maintain the full 40 miles and it’s cheaper to run quick, turnaround excursions to nowhere from either end. Thus, a rail bike company primarily and not a working railroad. And that’s a shame.
James,
You could go out this week via our 1/2 day railbike trip that covers 16 miles of the Noyo River area. Also, the train out of Willits train goes 7 miles, not 4. We do also still run the occasional freight and passenger trip across on the 37 miles. All of the bridges are in service.
We have not received any federal money. For three years Peters and other councilmembers have written 3 letters of opposition to us getting those funds. Had it not been for them, we would have had the tunnel opened by 2022. Unfortunately it has been a battle every step of the way. When we finally start the project, we do the work in stages, the work is reviewed, and then we would be reimbursed.
We did finally get the loan approved this year, but the City and Coastal Commission immediately appealed. We did get past the appeal but now the Coastal Commission is threatening legal opposition and we’ve lost the 2024 work season.
I would like to do more, but it is hard when you have politicians blocking the very funds we need to improve service.
More BS from Lindy… I can’t believe anyone falls for it,
Lindy is attacking the other candidate because he(Lindy) is all about annexation of the Harbor where the candidate is a prominent business owner in North harbor and wants no part of annexation. Lindy should stay in the city limits and keep his nose out of the harbor. The city is already making plenty of money off of the tourist that our harbor attracts and the water bills payed as well. He acts like it’s all free when the people not in the city limits are actually charged a higher fee than those in the city limits.
That’s nonsense. All candidates including Lindy Peters said they do not favor annexation of the harbor at this time. But only some harbor businessmen want to rule out the possibility for all time. I’m voting for Lindy Peters.
MENDOCINO RAILWAY V. AINSWORTH, No. 23-15857 (9th Cir. 2024)
Mendocino Railway, a California corporation, owns and operates a railroad line known as the “Skunk Train” between Fort Bragg and Willits, California. The City of Fort Bragg and the California Coastal Commission sought to regulate the use and maintenance of the Railway’s properties within the City, which the Railway resisted, claiming federal preemption under the Interstate Commerce Commission Termination Act (ICCTA). The City filed a state court action seeking declaratory and injunctive relief to compel the Railway to comply with local regulations. The Railway argued that federal law preempted these local regulations. Subsequently, the Railway filed a federal lawsuit seeking a declaration that the City’s and Commission’s regulatory actions were preempted by federal law and an injunction to prevent interference with its operations.
The Mendocino County Superior Court overruled the Railway’s demurrer, which argued that federal law preempted all local regulations. The Railway’s subsequent petitions to the California Court of Appeal and the California Supreme Court were unsuccessful. The Railway then filed an answer in the state court, asserting federal preemption as an affirmative defense. Meanwhile, the Commission intervened in the state court action, seeking a declaration that the Coastal Act and local coastal program applied to the Railway’s activities and were not preempted by federal law. The Railway also attempted to remove the state action to federal court, but the district court remanded it back to state court.
The United States Court of Appeals for the Ninth Circuit reviewed the district court’s dismissal of the Railway’s federal lawsuit under the Colorado River doctrine, which allows federal courts to abstain from exercising jurisdiction in favor of parallel state court proceedings. The Ninth Circuit affirmed the district court’s dismissal, finding that the state court proceedings were sufficiently parallel to the federal action and that considerations of avoiding piecemeal litigation, forum shopping, and the order in which the forums obtained jurisdiction supported the dismissal.
Mary Rose, thank you for this précis. Absolutely essential part of this story.
Given all the discussions regarding Mendocino Railroad, I wondered how the term “I got RAILROADED” came in to the English vernacular.
The term “railroaded” originated in the 1800s when landowners used it to describe the practice of rail companies stealing land to lay new tracks. The term has since evolved to mean being cheated or bullied in general.
It appears like getting railroaded is still going on today right here in our little town of Fort Bragg. Stand your ground Lindy Peters!