DURANGO, Colo. — The Durango & Silverton Narrow Gauge Railroad is suing La Plata County, Colo., over an effort to stop the railroad’s increased use of its Rockwood Station location.
The Durango Herald reports that, in response to a warning from the county that the railroad faced fines or other penalties unless it addressed land-use code violations at the site, the suit by the railroad and its parent company, American Heritage Railways, argues federal law preempts local land-use regulations on railroad facilities. The railroad also says its right to use the location has been established over 140 years. The suit seeks a temporary restraining order against county enforcement until the situation is resolved.
The Journal reports that the county issued a notice earlier this month ordering the tourist railroad to stop using the station, 15 miles north of Durango, as a major arrival and departure point. The railroad increased use of the location last year when operating its Cascade Canyon Express during the COVID-19 pandemic. That train offered a shorter alternative to its full Durango-Silverton trips, which were suspended because of a track washout, as well as easing concerns about exposure to the coronavirus.
But when the railroad offered the service again this year, the newspaper reports, Rockwood residents began to complain about littering, trespassing, traffic and other issues. County officials subsequently said the railroad needed to address land-use code violations by May 21 or face fines or other penalties.
The railroad is not currently using Rockwood Station as its main arrival and departure point, the newspaper reports.
The railroad has faced significant legal issues in recent years, most stemming from its alleged role in a 2018 wildfire that burned 54,000 acres. The federal government is suing to recover $25 million in firefighting costs, saying one of the railroad’s trains caused the fire [see “Digest: Date, site set for trial…,” Trains News Wire, Nov. 16, 2020]. Local businesses have also sued over losses they suffered as a result of the fire [see “Digest: Insurance company sues Durango & Silverton …,” News Wire, June 4, 2020]. And the U.S. Forest Service for a time halted both brush-clearance and washout-repair work by the railroad last year [see “Digest: Judge turns down Durango & Silverton request …,” News Wire, July 16, 2020].
Since the D&S is isolated from the national rail system and is no longer a common carrier can they really lean on Federal regs in this case? Seem to that they have simply become an in state business subject to business regulations. Hope I’m wrong.
Do they publish freight tariffs? Would they carry cargo if contracted to do so? If yes, then D&S is most definitely a railroad.
But oh those poor NIMBYs. That big bad D&S was actually allowing PASSENGERS to get on and off of a TRAIN at a STATION!
They handled log trains last year, under contract, that makes them a common carrier.
Durango is in the middle of nowhere and is dependent on tourism. Tourism is based on the tripod of Durango & Silverton, Mesa Verde National Park, and the Rocky Mountains.
Knock out one leg of the tripod – Durango & Silverton – and you kill the tourism. Killing the tourism kills the supermarket and the restaurants. It makes the local Home Depot and Target marginal.
Tourism is what makes Durango attractive to people.
I really don’t understand these people in Durango this company brings tourist and money yet all these local and government organization just want to hurt them too bad they can’t be like reading and northern and move there operations, maybe they’ll would realize they’re bring money and people to the area.
The problem is that a lot of residents (many retired) are newly arrived NIMBY’s from California and other states. They don’t like the coal burning engines, the tourists, traffic,…, they would like the railroad to just go away. And they have no care for, or interest in, local residents’ job and business problems.
I agree. The biggest complaint that I here from those that have lived in Co. for years is the influx of the Calf. people. They want every thing there way period!