(The Associated Press circulated the following article on March 28.)
DES MOINES, Iowa — The city of Burlington and a railroad company are waiting to learn whether their dispute over a 148-year-old agreement will initially be handled by a federal agency or a court.
The city filed a lawsuit against the Burlington Northern Santa Fe Railroad Company two years ago, claiming the company breached an 1858 agreement that required the railroad to keep its train repair shops in Burlington in exchange for using the city-owned land.
BNSF closed repair shops in 2003, but filed a countersuit claiming the city authorized the railroad to use the land as long as it maintained it for railroad purposes.
According to court records, BNSF has asked the court to transfer a portion of the federal court case to the Surface Transportation Board, a federal agency that resolves railroad rate and service disputes.
The documents filed by BNSF also asked the court to delay the trial until the agency could rule. A trial is scheduled for the week of April 10th but the railroad company says the agency ruling may make a trial unnecessary.
A judge is expected to rule on the request within a few days.