Maumee & Western RR vs. CSX Transportation Case Decision

[Y@]

According to the court, CSX will now have to reinstall the diamonds in Defiance, OH, due to the following reasons:

Unfair Judgement
Not consulting the court before removal
Removing the crossover without granted permission

This was ordered on May 8, and CSX will soon be installing the diamond.

[amtrak1007]

I = Amused. Just like CSX to run over the lil guy...

[CSX_CO]

If the MAW would have paid their portion of the bill, CSX wouldn't have ripped out the diamond. More to that story then the MAW likes to admit. Don't pay their portion, they don't get the access they want.

Practice Safe CSX

[Y@]

The information I got was directly from the court. Here is the link to the page. MAW did pay their portion, but not in the timing and style CSX expected.

http://www.stb.dot.gov/decisions/Readin ... /37143.pdf

[MSchwiebert]

It's too bad that this line doesn't have a 'legitimate' operator. With the new 4 lane US24 coming on line, there is going to be growth along this corridor. Unfortunately, the poor condition of the line is going to make rail a tough sell. Granted, the NS left the line in poor shape, but the current ownership has done little to improve things either. About the time that the Indiana Hi-Rail was dissolving, Henry, Defiance & Paulding Counties were looking into setting up a port authority to own the line and select an operator. It's really too bad that they did not proceed down that path and get someone else in there.

If the midwest hi-speed passenger rail system ever gets off the ground, the plan is to use a portion (Ft. Wayne - Liberty Center) as the route for Chicago-Toledo Trains - hopefully the route will not disappear before then.

[Y@]

So far, the only reason they stay alive is the Napoleon Buisness District. But when the CSX puts the diamond in soon they will have about 20 more buisnesses on the Defiance-Woodburn/New Haven line. The district in Napoleon sees around 10-20 buisnesses, and there are two elevators along the line.

When did NS own the line? I thought it went right from N&W to INHR.

[MSchwiebert]

The line went to Indiana Hi-Rail in 1988 or 89. The NS at that time was divesting marginal line segments through a program (if i recall correctly it was called the "thoroughbred plan" or something like that) where incentives were offered based on the number of carloads the new operator generated. The only advantage that I can think of re-installing the diamond is that traffic generated east of Defiance could be interchagned with the NS at Woodburn - instead of CSX at Defiance (the reverse is also true). Other than the new industrial park at Defiance (access to which started the whole disagreement in the first place) I can't think of any 'new' businesses that would be opened up by the diamond being re-installed.

[cmgnnut]

I lived there from 1987 thru 1995 and believe me there is nothing west of Defiance until you get to Antwerp which goes to the Woodburn exchange. I think Cecil to Defiance is still out of service as it was when I was there. This was part of the GR&I line from the Auglaze River south. They want the diamond so they can get to the Industrail park and take it east to interchange at Napoleon

[Y@]

Not true cmgnut, there is an elevator in Cecil, as well as LaFarge Cement. Then there is the large elevator in Antwerp, and that's about it.

The MAW's line from Napoleon northeast to Liberty Center has been abandoned since 2004, when the elevator in L.C. converted completely over to trucks. A chemical facility is still open in L.C. that is on an old siding, and the MAW is thinking of trying to rebuild that. From L.C. on north, I don't know whats left.

[cmgnnut]

According to the Fort Wayne Railfan site the line from Cecil to Defiance is out of service. From Cecil to Woodburn is in use which is where LaFarge is and the Elevator. As for Liberty Center I wasn't sure if this was still used or not

[Y@]

Cecil-Woodburn is indeed still operating, and is operated by the MAW. Cecil is the east end of the line, and a bunch of old ballast/coal hoppers were shoved back as far as they could go to mark the end.

The track in Antwerp is far better than any of their track, anywhere else. For some reason it is very straight, almost fit for 20 mph. Their max speed limit is 5 mph anywhere else.

[MSchwiebert]

The track is still in service from Napoleon to LC. The Interlocking at the I&O/MAW crossing was recently replaced. Ironically, the MAW had attempted to get out of their share of the cost of replacing the interlocking because they felt that since they were not one of the original signers of the crossing agreement (DT&I & Wabash in 1927) they were not required to pay their share as the agreement called out (nothing like talking out of both sides of one's mouth - as can be concluded when both this situation and the Defiance crossing situation are viewed together). The elevator in LC stopped shipping when they purchased the elevator in Hamler. They can get a unit train to their end customers (usually hog farms in the Carolinas) 2-4 days faster by loading at Hamler and shipping out directly on CSX compared to loading at LC and shipping to Defiance for interchange to CSX. There's also (at least the last time I was out that way) someone that loads/unloads gondolas in LC east of the elevator. I heard that it was firebrick for the steel mill in Delta, but I've never been able to confirm that. East of LC the track has been gone for what I'd guess to be 20+ years. The right of way is now used as the south leg of the "Wabash Cannonball Trail". There aren't any potential customers along this stretch of right of way anyways.
The 5 MPH track speed sounds about right for the current condition of the track, especially east of Defiance. There has been talk off and on about installing an interchange track at LC to allow interchange between the MAW & the I&O this has not come to pass.

[sd70accsxt700]

There was a "thing" a while ago, that the MAW wanted the I&O to fix the diamond, and the I&O fefused, and the line from the diamond east was OS for a while last year. After they figured out the the I&O was serious about not paying, then they fixed it and resumed service.

[Y@]

Are you sure about the MAW continuing all the way to L.C? The track was in really rough, rusty shape when I went hiking along it in April.

Not to sound stupid, but, I never knew the MAW and I&O crossed each other. Where exactly is the diamond? I'd like to check it out.

[MSchwiebert]

http://tinyurl.com/2wkyyq

That will get you to a mapquest view of the area near the diamond. The MAW crosses CR 9 just south of the little jog in the road that the map shows. The I&O heads north & south in a straight line between County Roads 8 & 8B The two lines cross just about where the lower left corner of that shaded area that is bordered by Roads T & 8. It's definetly a hike in to get back to the diamond. Back in the 80's when I was still living in Henry County, the signals were popular targets of vandals (shotgun slugs to the signal lights was most common) so the neighbors tended watch things closely if anyone was nosing around back there. I don't know if that is still a problem or not. If I was to hike in there, I would go up the I&O from the south parking at the County Road S crossing. Since Henry Ford dictated that the "new line" accomodate double track when it was built, the ROW is nice and wide. There's a decent sized open deck bridge on the MAW side just east of CR 9, which rules out going in from that way.

Hope this helps!

[Y@]

Link seems to be broken... Takes me to a search page.

[sd70accsxt700]

Works fine for me.

[Y@]

Mine says;
ERROR: INVALID ZIP/POSTAL CODE.

[Y@]

Just a quick update on the situation.

After contemplating a court appeal, CSX has decided to go ahead and do everything the origional court order said.

I was over there the other night. No progress yet, but at 6:15 p.m. a pair of MOW workers showed up to have a look. I chatted with them briefly and they said they should be starting in the next two weeks.