WHEELING – Wheeling & Lake Erie Railway Company is suing Frontier West Virginia after it claims the company continues to trespass onto its property.
Wheeling claims it is attempting to protect its rights and authority over its operating property, which consists of approximately 21,000 feet of mainline track near Rockdale, according to a complaint filed in the U.S. District Court for the Northern District of West Virginia.
Wheeling claims Frontier has had on ongoing longitudinal occupation of the property under an agreement from 1966 that has since been terminated.
Rather than execute a new license agreement for communication cables to remain along the property, Frontier has filed a complaint and request for immediate interim relief before the West Virginia Public Service Commission, which would unreasonably interfere with railroad transportation, according to the suit.
The PSC’s authority concerning the matter is federally preempted under the Interstate Commerce Commission Termination ct and the Federal Railway Safety Act, according to the suit.
Wheeling claims Frontier continues to trespass on its property with its transmission lines and decaying poles, which present an ongoing hazard.
Wheeling is seeking an order determining and declaring that the PSC’s authority concerning the matter is federally preempted under ICCTA and FRSA; determining and declaring that Frontier is committing a continuing trespass on the property; and determining and declaring that Frontier must remove the communication cables from the property. It is being represented by Kathleen Jones Goldman of Buchanan Ingersoll & Rooney.
U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00037