News & Reviews News Wire Digest: Indiana Supreme Court to review legal status of South Shore commuter agency

Digest: Indiana Supreme Court to review legal status of South Shore commuter agency

By David Lassen | June 21, 2021

News Wire Digest second section for June 21: Wilmington, N.C., prepares to unveil possible routes for CSX line relocation; UP protect takes tracks out of service at major Houston yard

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South Shore commuter train on S curve
A South Shore Line commuter train begins its circuitous route to the airport in South Bend, Ind. A lawsuit is challenging the legal status of the South Shore’s parent agency. (Trains: David Lassen)

Lawsuit challenges unique legal status of Northern Indiana Commuter Transportation District

The Indiana Supreme Court will review the unique legal status of the Northern Indiana Commuter Transportation District, operator of South Shore Line commuter trains, as a result of a lawsuit filed by a Hobart, Ind., man who was injured while performing track maintenance work. The Times of Northwest Indiana reports a lower-court ruling has determined the NICTD is an arm of the state for some matters — protecting from lawsuits filed in other states, for example — and for others, a political subdivision of the state, such as a city. The suit by Clarence Lowe contends the agency cannot have both statuses at the same time, which would allow him to pursue his injury suit. It was first filed and dismissed in Illinois because of the first status, then dismissed in Indiana because he missed the deadline for filing under the second status. The NICTD is urging that the lower-court decision be upheld because the agency’s unique status has been recognized in Indiana and Illinois courts for decades.

Wilmington, N.C., to unveil preferred routes for CSX line relocation

The city of Wilmington, N.C., has narrowed potential routes for relocation of a CSX rail line to two choices, and is preparing to unveil them June 28 to begin a 30-day period for public comment. The Port City Daily reports the identification of the two preferred alternatives comes as the city is a year into its environmental review work and just past the midway point of the process. The two choices will come from a group of six potential routes using three corridors identified in a 2017 feasibility study. The potential $1 billion project would move much of the rail line — which currently loops through the city using bridges with 10-mph speed restrictions and a 5-mph — across the Cape Fear River [see “Wilmington, N.C., plans studies …,” Trains News Wire, Jan. 20, 2021]. Wilmington Bill Saffo emphasized the importance of the project at a recent city council meeting, saying, “Having 38 rail crossings in the middle of the city, it’s important that we stay focused on the future, and where the future is for this community is that we need to move that rail [line] on the other side.”

UP begins work at Houston’s Englewood Yard that could lead to service delays

Union Pacific is continuing upgrading of its Houston Englewood yard, starting today on a project that will take tracks of service in groups of five to eight. A UP customer service advisory reports this will allow  installation of fiber optics and other hardware for the computer system that controls yard switching. In all, work will be done on 64 tracks. This follows replacement of the master retarder in late 2020. The project will continue into September, and may lead to delays of 12 to 24 hours for customers. Still to come as part of the yard upgrade is a large-scale tie and rail replacement project.

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