What's Happening With Durango Train Lawsuits

Above, the Durango train at High Line. Photo by Armand Vaquer.

It seems like the Durango & Silverton Narrow Gauge Railroad is being picked on by bullies.

They are involved in two lawsuits.

The first is a federal lawsuit by the government over liability for the 416 Fire that took place in 2018.

According to the Durango Herald:

The Durango & Silverton Narrow Gauge Railroad and the U.S. government are scheduled for trial more than two years after the government first filed its case seeking $25 million in damages for the 416 Fire.

U.S. District Judge Robert Blackburn ordered the 10-day jury trial for May 2-13 in a yet-to-be-determined location. It marks the third time the trial has been scheduled since 2020.

To read more, go here. 

Above, the Durango train at Rockwood Station in September 2020. Photo by Armand Vaquer.

Next, a lawsuit between the railroad and La Plata County over the use of Rockwood Station and the County's land-use codes.

The Journal reported:

Whether La Plata County has authority over the Durango & Silverton Narrow Gauge Railroad through its land-use code remains an unanswered question.

The Colorado Public Utilities Commission will decide the next steps in a lawsuit filed by the D&SNG and its Florida-based parent company American Heritage Railways Inc. against La Plata County arguing the county has little control over its use of the Rockwood station as a point of arrival and departure.

Lawyers for D&SNG and American Heritage Railways filed the lawsuit in May asking a judge to bar the county from issuing fines or other means of enforcement after county officials sent the railroad notices that the expansion and growth of its Rockwood station were not aligned with the county’s land-use code.

“The county lacks jurisdiction to apply its land-use code and regulations,” attorneys for D&SNG wrote in the lawsuit.

“The county lacks jurisdiction to apply its land-use code and regulations,” attorneys for D&SNG wrote in the lawsuit.

“DSNGR/D&SNG is regulated as to its facilities and services by the PUC and the regulation of public utilities involves a matter of statewide concern which precludes interference by the county,” they wrote.

The county petitioned the PUC in August asking the regulatory body to clarify its own jurisdiction and the authority of the county, and the PUC agreed to take the case.

 To read more, go here.