(The following story by Mary Allen appeared on the News Journal website on January 14.)
WILMINGTON, Del. — CSX Transportation has filed a new lawsuit rejecting ownership of four deteriorating bridges that cross over its tracks, continuing the debate about who should pay to fix the structures.
The railroad company sued Delaware Department of Transportation and the city of Wilmington in papers made public Tuesday that seek a judge’s order declaring the railroad is not obligated to pay for the repairs.
Three bridges crossing Newport Road, Sixth Street and Seventh Street were closed to vehicle and pedestrian traffic for safety reasons in 2001. The fourth, crossing Ninth Street, has a 3-ton limit.
U.S. District Judge Kent A. Jordan dismissed in December a previous lawsuit brought by CSX. But he ruled in a way that allowed the railroad to revive the matter with a new argument.
Under that new argument outlined Tuesday, CSX contends Delaware and the city own the bridges. It also maintains Delaware has participated in a federal program for the inspection, repair, rebuilding and replacement of railway-highway bridges, according to the lawsuit.
CSX believes pre-trial fact finding in the new case will show the state has used federal money, which is still available, for work on these bridges in the past, according to the lawsuit. The railroad contends the state cannot accept federal dollars for this kind of work and obligate it to pay for repairs, too.
“We’ve raised some very serious issues regarding ownership here we believe need to be heard in court,” said Robert Sullivan, spokesman for CSX.
The railroad seeks a court order declaring Delaware lacks the legal authority to force it to do the work.
Delaware alleges CSX owns the bridges. Mark F. Dunkle, an attorney for DelDOT, said last month Delaware has not accepted federal money for work on the bridges. The department prefers to use that money to repair bridges that have no owners responsible for them, he said. Dunkle would not comment Tuesday.
City spokesman John Rago said Wilmington still believes CSX owns the bridges in the city and is responsible for their maintenance and repair.