By Jennifer Mitchell, The News-Herald
PUBLISHED: February 13, 2005
U.S. Circuit Judge Julia Smith Gibbons upheld a decision Thursday allowing the Riverview Trenton Railroad Co. to operate as an intermodal transport facility.
Gibbons' ruling, a blow to some local officials, brings an end to more than four years of court battles between the railroad and the cities of Trenton and Riverview and Wayne County.
"As we have said all along, we believe the (Surface Transportation Board) made the right ruling, and that it would ultimately be upheld by the 6th Circuit court," said Dan Stamper, spokesman for the railroad. "We are disappointed that the county and the cities have put us through this lengthy and costly appeal."
The railroad owns a 76-acre riverfront portion of the former McLouth Steel complex on West Jefferson Avenue, straddling Riverview and Trenton.
It plans to receive and ship cargo on railcars and semitrucks from the location — something the three municipalities have objected to since the company's 2000 purchase of the land.
The now-uncontested railroad certification enjoyed by the RTRR federally pre-empts most local land-use regulations Trenton or Riverview might otherwise impose.
"Obviously, we are disappointed that the Court of Appeals did not support the position of local communities that the establishment of a truck farm and a railroad on the banks of the Detroit River is not a good use of that property," Trenton Mayor Gerald Brown said.
In prior interviews, an RTRR spokesman said the company hoped to land the Big Three automakers and their suppliers as clients.
In negotiations with the two cities, the company said it plans to have about 300 trucks entering and exiting the West Jefferson site daily.
When Crown Enterprises, RTRR's parent company, made the purchase and announced its plans, Wayne County attempted to condemn the land and seize it through eminent domain.
County officials said they were planning a mixed-use riverfront redevelopment on the site, but RTRR obtained a restraining order to keep it from doing so.
A federal judge made the order permanent in 2003 and a 2004 appeal by the municipalities followed.
Now that the appeal has been lost, Brown said he can't say for sure whether the city will pursue further legal action.
Although he said he thinks more legal action is unlikely, it is a decision that first must be discussed with the City Council.
"I hope it's time to put down the swords and start working together," Stamper said.
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