BUTCH MABIN / Lincoln Journal Star | Posted: Monday, July 11, 2005 7:00 pm
An 8th U.S. Circuit Court of Appeals panel Tuesday upheld a federal agency's denial of a request from the city of Lincoln to acquire a stretch of a rail line right-of-way for a recreational trail.
The city wanted the 20-foot wide strip from 19th to 24th streets for a storm sewer and to complete the Husker Link trail.
Lincoln Lumber Company, 932 N. 23rd St., which owns the active rail line, opposed the city's efforts to acquire the property for the trail.
The company said it was concerned for the safety of trail users in cases of derailment. It also argued the trail would interfere with its ability to get maintenance equipment to the tracks.
Don Hamill, Lincoln Lumber owner, declined comment on the ruling Tuesday.
Lincoln Lumber receives shipments of lumber and other materials on the rail line.
City Attorney Dana Roper said Tuesday the city was unsure how the ruling would affect the trail. Roper said the city would not appeal the panel's ruling to the entire 8th Circuit court.
According to the ruling Tuesday, the lumber company did not oppose the storm sewer project.
The trail as planned would connect the University of Nebraska-Lincoln downtown campus with the east campus and connect downtown Lincoln with the MoPac East Trail.
In its petition last year to the federal Surface Transportation Board, the city said the lumber company's rail operations would not be affected by the trail. The city also disputed the company's safety claims, arguing the trail would usually be more than 30 feet from the center line.
The company countered that the proposed trail at one point would be only 7.5 feet from the rail.
Last summer the board ruled in favor of the company, finding that the trail would "hinder or halt" legitimate transportation options. The board also ruled the city failed to prove "the proposed trail can safely be placed so near" the active rail line.
The appeals court panel, in affirming the board, said it could not conclude the board's decision was "unsupported by substantial evidence."
Reach Butch Mabin at 473-7234 or bmabin@journalstar.com.