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Towns Turn To Court To Stop Freight Line
Business Brokerage After failing at the ballot box, residents looking to stop the reactivation of two freight rail lines in Union County are now hoping they will find a friend in the courts.
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Forex Broker But first, they face a major legal hurdle. Superior Court Assignment Judge Edward W. Beglin Jr., who presides in Elizabeth, must decide whether state courts even have jurisdiction over the matter. A court hearing on the dispute has been postponed until Dec. 5.
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Online Brokerage Five of the communities along the two rail routes -- Roselle, Roselle Park, Kenilworth, Springfield and Summit -- are challenging a decision by the Union County Board of Freeholders to rehabilitate the Staten Island Railway and the Rahway Valley Line. The Rahway Valley Line runs from Cranford to Summit, while the Staten Island line runs from Cranford to Linden.
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Real Estate Broker The five towns contend the county violated various state laws when it contracted with the Morristown & Erie Railway to have the two freight lines restored. This summer, the towns filed lawsuits seeking to stop the reactivation, which were ultimately merged into one suit.
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Agency Brokerage Spark The M&E and the county have rejected the charges, and at the Dec. 5 hearing they are seeking to have Beglin dismiss the lawsuit. They contend that state courts have no authority over railroad issues and that the future of the two rail lines belongs before the Surface Transportation Board in Washington, D.C., the federal agency that oversees the railroads.
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Business Broker The M&E intends to have the Staten Island section up and running by next year and the Rahway Valley portion completed by 2005.
Brokerage Account Restoring the two rail lines to service became a major issue in the recent elections, with those against the project, including Stop The Train, calling for voters to dump the incumbent freeholders, who are all Democrats.
Stock Broker During the past year, residents staged demonstrations and turned out to freeholder meetings to protest the project. That sentiment, while crossing party lines at the local level, was seized by the Republican freeholder and legislative candidates in an effort to oust their Democratic opponents.
Brokerage Online Stock Trading But when the votes were finally tallied on election night, the three incumbent Democratic freeholders garnered 54 percent of the vote, defeating their GOP challengers by 5,000 votes. In the legislative races, the Democrats racked up commanding leads there as well.
Broker Justin Ticket "I say that the margin of victory shows that the public has examined the issue and voted accordingly," Union County Democratic Chairwoman Charlotte DeFilippo said, maintaining that in the end, the issue of the train had "no traction" with the voters.
Real Estate Brokerage Summit Mayor Walter Long, a Republican, said he was not so sure. "The railroad issue hasn't come to the forefront yet," he said. "What's really going to be a major problem is when this $7.2 million runs out and they come back for more money to finish the project."
Commodity Broker Not wanting to rely solely on how the matter will be handled in the state courts, Summit joined with the other four towns to hire Washington attorney Scott Stone to challenge the rail reactivation before the Surface Transportation Board.
Brokerage House Stone said he expects to submit a petition to the board by the end of the month, requesting that the federal agency reopen the matter and hear additional arguments on the revitalization of the two rail lines.
Real Estate Broker Exam By Gabriel H. Gluck
Star-Ledger - 11/14/2003
Topic: Trains
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