Railroad asks court to keep logyard open
ALBANY, Ore. (AP) — A railroad company has asked a federal judge to keep the Linn County government from shutting down a business that last fall started loading logs on trains.
The operation is on an old mill site east of Albany that was idle for decades while a rural residential community grew around it.
Neighbors in the unincorporated community called Crabtree say the log-loading operation is noisy, especially in the morning, and the trucks that bring in the logs are a hazard for school children, The Albany Democrat-Herald (http://bit.ly/WZpziA) reported.
The operation began in October. In December, the county planning director said it didn't meet zoning codes.
The newspaper reported that Albany & Eastern Railroad Co. has filed a complaint in U.S. District Court in Eugene. The railroad contends that it is governed by the federal Interstate Commerce Commission rather than county zoning laws.
"We tried to educate the county, but it fell on deaf ears," said Rick Franklin, the railroad's president. "In retrospect, we should not have tried to appeal before the county commissioners. In the future, we will go to federal court and deal with issues there."
Commissioner Chairman Roger Nyquist called the filing unfortunate. "When one takes matters to federal court, it generally takes longer to get through things than would otherwise happen," he said.
A Rainier company, Teevin Bros. Land & Timber, operates the site as a contractor. It's on property once owned by the Union Pacific Railroad, now owned by the Albany & Eastern. A lumber mill operated there decades ago but was idle for years. Now, residences are close by.
Neighbors told county officials of early morning noise and lights, truck traffic, safety issues for children waiting for school buses and road damage caused by the log trucks.
Permits were not secured for development of the property, and it was a heavy industrial use in a light industrial zone, said Robert Wheeldon, director of planning and building, who issued a cease and desist order.
The railroad said it's willing to discuss potential resolutions, but it's not willing to relocate the log yard.
Mark Russell, the railroad's general manager, said in an affidavit that the yard allows companies like Weyerhaeuser to haul truckloads to the site only a few miles from its Snow Peak Tree Farm, instead of taking all day to take them to export facilities in Longview, a 250-mile round trip.
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Information from: Albany Democrat-Herald, http://www.dhonline.com
Copyright 2013 The Associated Press
Why are people so against making money? Let people get to work. Hell, help em out if you can.
I am placing my bet that these people who are complaining are not Oregonians. Our Loggers, hard working men are slowly losing every thing here in Oregon. Â If you don't like it go back to the state you came from and just leave Oregon alone.
the county should terminate the access road....obviates any federal jurisdiction
@Arcanobacter Hemolyticum And you, as the taxpayer, will pay if that turns out to be illegal under the US Constitution as interfering in Interstate Commerce.
Do not quite see where this is a railroad issue requiring federal court , there is an industrial user that started an operation that ships by rail, did the industrial user get proper permitting???
@David The railroads, back when the railroad barons owned Congress (early to late 1800's), got Federal laws passed which pre-empt local and State laws applicable to railroads. It's why you can get stuck at a railroad crossing for almost an hour and the City or County or State have no control over it.   This pre-existing use by the railroad, may pre-empt the later zoning done by the County.Â