(The following article by Stephan Salisbury was posted on the Philadelphia Inquirer website on May 25.)
PHILADELPHIA — The city and the CSX Transportation railroad, squabbling over the Locust Street gateway to the spanking-new Schuylkill River Park, have asked a federal judge to help them resolve their dispute.
CSX, whose tracks cross Locust Street right at the entrance to the park, wants to close off the street entirely and, in January, asked U.S. District Judge Bruce W. Kauffman to order the city not to interfere.
So far undeterred, the city has fought to keep the crossing – and direct access to the park – open at both Locust and Race Streets and has suggested installing mechanical gates and signal systems at the crossings.
In a May 17 letter delivered to Kauffman, attorneys for the city and CSX say that they have reached an agreement on the Race Street crossing but that Locust Street remains another matter.
The letter notes that Kauffman offered at a January hearing to help in “efforts to reach a negotiated settlement,” and it states: “We have reached the point where we think your assistance may be helpful.”
Kauffman could not be reached for comment yesterday.
Michael Eichert, chief deputy city solicitor, said both sides were seeking Kauffman’s help to resolve the matter.
Robert Sullivan, a CSX vice president for public affairs, said the negotiations had seen “some movement” despite the apparent stalemate.
“Clearly, there’s been movement and compromise,” Sullivan said. “We’ve reached a point [where] there’s an issue, and we have not been able to arrive at a solution.”
Sarah Clark Stuart, a leader of the Free Schuylkill River Park advocacy organization, laid the blame on the railroad.
Stuart said CSX had rejected the city’s offer on Locust Street.
Park advocates have said that Locust Street represents the main public route into the Center City park and that closing it off and putting in a pedestrian overpass, which the railroad has urged, would block emergency vehicles and police and make winter passage treacherous.
In a May 6 letter to the city, CSX attorney Benjamin C. Dunlap Jr., of the Harrisburg firm Nauman, Smith, Shissler & Hall L.L.P., stated flatly: “CSX cannot agree to an at-grade crossing at Locust Street as a permanent resolution of this matter.”