NOYO HEADLANDS DOCUMENT RESOURCE

This is a publicly accessible repository of documents related to the Mendocino Railroad takeover of the historic Fort Bragg sawmill site, intended to facilitate research and deepen the understanding of the issues involved. All documents here are in the public domain or are posted with the expressed written consent of the authors. The individuals posting and maintaining this resource take no responsibility for how these documents are used or distributed beyond this site.

City of Fort Bragg v. Mendocino Railway, Case Number 21CV00850

Preliminary Correspondence Between City of Fort Bragg, and Mendocino Railway and its parent corporation, Sierra Railroad
- Letter to Torgny Nilsson, Sierra Railroad General Counsel from Michael Gogna, attorney for City of Fort Bragg, Feb. 13, 2008 regarding Skunk Train's refusal to obtain a Fort Bragg Business License, based on their alleged federal preemption as a railroad.
- Letter from Torgny Nilsson to City of Fort Bragg Planner Sarah McCormick, Sept. 26, 2019 alleging that work on Drying Shed No. 4 is "exempt from local permitting requirements," based on their alleged federal preemption as a railroad.
- Letter from Torgny Nilsson to Sarah McCormick, Dec. 3, 2019 regarding a Stop Work order posted on the Skunk Train rail bike shed, declaring, based on their alleged federal preemption as a railroad, "we are removing the City's Order to Stop Work and intend to proceed with our work."
- Mendocino County Environmental Health NOTICE OF VIOLATION, Dec. 6, 2021 regarding refusal to allow a Mendocino Environmental Health Specialist access to determine where an oil spill came from.
SUMMONS AND VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF The City of Fort Bragg's initial filing on October 28, 2021, including the City's reasoning and arguments.
Legal filings by Mendocino Railway
- DEFENDANT MENDOCINO RAILWAY'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022
- DEFENDANT MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022.
- DECLARATION OF MIKE HART IN SUPPORT OF DEFENDANT'S DEMURRER AND MOTION TO STRIKE, filed January 14, 2022
- DECLARATION OF PAUL BEARD II IN SUPPORT OF DEFENDANT'S DEMURRER AND MOTION TO STRIKE, filed January 14, 2022. Of note, this filing contains five Exhibits, including the California Public Utilities Commission finding on January 18, 1998 that Skunk Train predecessor California Western Railroad "In providing excursion passenger service CWRR does not function as a public utility."
- DEFENDANT MENDOCINO RAILWAYS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF CITY OF FORT BRAGG'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed January 14, 2022
- NOTICE OF LODGING OF ATTORNEY GENERAL OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER, filed February 22, 2022
Legal Filings by The City of Fort Bragg
- OBJECTION TO REQUEST FOR JUDICIAL NOTICE; EVIDENTIARY OBJECTIONS TO DECLARATIONS OF PAUL BEARD AND MIKE HEART IN SUPPORT OF DEMURRER AND MOTION TO STRIKE, filed February 9, 2022
- CITY'S OPPOSITION TO DEMURRER TO VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed February 9, 2022
- CITY OF FORT BRAGG'S OPPOSITION TO MOTION TO STRIKE COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed February 9, 2022
- NOTICE OF LODGING OF FEDERAL AGENCY OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER, filed February 9, 2022. Of note, this filing contains four U.S. Surface Transportation Board decisions relevant to when or when isn't a rail carrier exempt from state or local jurisdiction due to federal preemption.
Reply Filings by Mendocino Railway
- REPLY BRIEF IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S DEMURRER, filed February 16, 2022
- REPLY BRIEF IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S MOTION TO STRIKE, filed February 16, 2022
- REPLY IN SUPPORT OF DEFENDANT'S REQUEST FOR JUDICIAL NOTICE, filed February 16, 2022
- VERIFIED ANSWER OF DEFENDANT MENDOCINO RAILWAY, June 24, 2022. Mendocino Railway's point by point response to the City of Fort Bragg's original COMPLAINT
Amicus Curiae Filings by Mendocino County
- APPLICATION TO FILE AMICUS CURIAE BRIEF; AMICUS CURIAE BRIEF, filed February 22, 2022
- REQUEST FOR JUDICIAL NOTICE, filed February 22, 2022. Contains copies of Complaint, Notice of Violation and correspondence regarding oil spill on Skunk Train tracks in Fort Bragg, December of 2021.
Minutes and Findings of the Superior Court of Mendocino County, Hon. Clayton Brennan, presiding
- Minutes of February 24 Motions Hearing
- Minutes of April 7 Case Management Conference Next Case Management Conference set for May 19.
- RULING ON DEMURER TO THE COMPLAINT, April 28, 2022. "For the reasons set forth above Mendocino Railways Demurrer is overruled."
- RULING ON MOTION TO STRIKE, April 28, 2022. "...the motion to strike is denied."
First Appelate District Court of Appeal
- Court of Appeal STAY Order, May 4, 2022 on City of Fort Bragg vs. Mendocino Railway case, pending appeal of Judge Brennan's April 28 rulings. The Court requests briefings from the parties on three questions, including "...should the California Puflic Utilities Commission (CPUC) be considered a 'real party in interest'..."
- Mendocino Railway's SUPPLEMENTAL OPENING BRIEF IN SUPPORT OF PETITION, May 9, 2022
- Fort Bragg CITY'S SUPPLEMENTAL BRIEF IN OPPOSITION TO PEITION FOR WRIT OF MANDATE, May 19, 2022
- Mendocino Railway's SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF PETITION, May 31, 2022
- Court of Appeals Decision, June 9, 2022. "The court determines that the circumstances of this case warrant a denial of estraordinary writ review."
Mendocino Railway's Motion to Combine City of Fort Bragg v. Mendocino Railway with eminent domain case Mendocino Railway v. John Meyer et. al.
- Mendocino Railway's NOTICE OF RELATED CASE, June 22, 2022.
- OPPOSITION OF CITY OF FORT BRAGG TO NOTICE OF RELATED CASE, June 27, 2022. City of Fort Bragg's brief and arguments against combining City of Fort Bragg v. Mendocino Railway with Mendocino Railway v. John Meyer.
- OPPOSITION OF CALIFORNIA COASTAL COMMISSION TO MENDOCINO RAILWAY'S NOTICE OF RELATED CASE September 16, 2022
- DEFENDANT MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF
- CITY OF FORT BRAGG'S OBJECTION TO MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF, filed September 26, 2022.
CALIFORNIA COASTAL COMMISSION'S NOTICE OF MOTION FOR LEAVE OF COURT TO INTERVENE, filed September 8, 2022. Includes:
- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE
- [PROPOSED] COMPLAINT IN INTEERVENTION
- DECLARATION OF JOSH LEVINE IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE
- V-1-22-00070 Mendocino Railway Roundhouse, August 10, 2022. Notice of Violation: "Unpermitted development, that includes, but is not limited to, the replacement of the "Roundhouse", the replacement of a sructure located off of Wes Alder Street with an added concrete patio, the replacement of a storage shed allegedly used to store rail bikes, a lot line adjustment, and restricting public parking."
- DEFENDANT MENDOCINO RAILWAY'S OPPOSITION TO THE CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE, filed September 22, 2022
- CITY'S NON-OPPOSITION TO CALIFORNIA COASTAL COMMISSION'S MOTION TO INTERVENE, filed September 26, 2022
- CALIFORNIA COASTAL COMMISSION'S REPLY IN SUPPORT OF ITS MOTION TO INTERVENE, filed October 13, 2022
- MINUTE ORDER GRANTING CALIFORNIA COASTAL COMMISSION'S MOTION FOR LEAVE OF COURT TO INTERVENE, filed October 20, 2022.
- NOTICE OF ENTRY OF ORDER, filed October 27, 2022.
OBJECTION TO JUDGE PRESIDING OVER TRIAL AND ALL OTHER PROCEEDINGS CONCERNING THIS ACTION [C.C.P § 170.3]; DECLARATION OF PAUL BEARD II IN SUPPORT OF OBJECTION September 13, 2022
- ANSWER OF JUDGE CLAYTON L. BRENNAN TO MENDOCINO RAILWAY'S STATEMENT OF DISQUALIFICATION C.C.P. § 170.3 September 14, 2022
- OPPOSITION TO REQUEST FOR JUDICIAL DISQUALIFICATION, filed September 27, 2022. Filed by the City of Fort Bragg.
- ORDER ON MOTION TO DISQUALIFY JUDGE BRENNAN, filed September 29, 2022. Judge Gregory Elvine-Kreis of the Superior Court, County of Humboldt denied the motion.
NOTICE OF REMOVAL TO FEDERAL COURT, filed October 20, 2022. Mendocino Railway files in Federal District Court in Eureka to have City of Fort Bragg v. Mendocino Railway removed to the jurisdiction of the Federal Court.
COMPLAINT IN INTERVENTION , filed October 27, 2022. The California Coastal Commissions formal filing of a legal complaint in intervention in the Fort Bragg v. Mendocino Railway case.
NOTICE OF MOTION AND MOTION FOR STAY OF PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF PAUL BEARD II, filed September 5, 2023
- DECLARATION OF PAUL BEARD IN SUPPORT OF CONSOLIDATED REPLY IN SUPPORT OF STAY, filed September 5, 2023
- CITY'S OPPOSITION TO MOTION FOR STAY OF PROCEEDINGS, filed October 6, 2023
- INTERVENOR CALIFORNIA COASTAL COMMISSION'S OPPOSITION TO DEFENDANT'S MOTION FOR STAY, filed October 6, 2023
- INTERVENOR CALIFORNIA COASTAL COMMISSION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANT'S MOTION FOR STAY; DECLARATION OF PATRICK TUCK, filed October 6, 2023
Minutes of Hearing November 2,2023: Motion for Stay, dated November 2, 2023. "Court states the request for stay is denied. The parties are ordered to file updated case management conference statements, detailing anticipated discovery and proposed trial dates."
MINUTE ORDER SETTING TRIAL and OTHER PROCEEDINGS, Filed December 21, 2023. SUPERCEDED BY BELOW
MINUTE ORDER SETTING TRIAL and OTHER PROCEEDINGS. The above-entitled matter is assigned for all purposes to the Honorable Clayton Brennan and is set for Trial: Court commencing on 04/08/2025 at 1:30 PM in Dept “TM” of the Ten Mile branch of the Superior Court of California, County of Mendocino. Filed August 27, 2024.
NEW 11/28 JOINT EX PARTE APPLICATION FOR 90 DAY STAY OF ACTION TO ENGAGE IN SETTLEMENT DISCUSSIONS AND FOR CONTINUANCE OF TRIAL DATE, ANDCORRESPONDING TRIAL DEADLINES, filed November 25, 2024.

NEW 11/28 MINUTE ORDER GRANTING STAY, filed November 25, 2024. "The Court grants the request for the stay but advises parties that this will most likely be the last stay or continuance."
NEW 11/28 INTERVENOR CALIFORNIA COASTAL COMMISSION'S OPPOSITION TO JOINT EX PARTE APPLICATION FOR STAY AND CONTINUANCE OF TRIAL DATE, filed November 25, 2024.
NEW 11/28 City of Fort Bragg Press Release: City of Fort Bragg and Mendocino Railway Enter a 90-Day Stay Agreement to Pursue Settlement Discussions, filed November 26, 2024.

NOTICE OF REMOVAL, to transfer the Fort Bragg v. Mendocino Railway Superior Court case to Federal District Court, filed Mendocino Railway on October 20, 2022.

NOTICE OF REMOVAL, filed October 20, 2022.
NOTICE OF ENTRY OF ORDER , filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
CALIFORNIA COASTAL COMMISSION'S COMPLAINT IN INTERVENTION, filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
CALIFORNIA COASTAL COMMISSION'S NOTICE OF MOTION AND MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
- CALIFORNIA COASTAL COMMISSION'S REQUEST FOR JUDICIAL NOTICE, filed November 21, 2022
- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
CITY'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
- DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF MOTION TO REMAND, filed November 21, 2022
- [PROPOSED] ORDER GRANTING CITY'S MOTION TO REMAND CASE TO STATE COURT, filed November 21, 2022
- DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
- DECLARATION OF ROBERT PINOLI IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
- REPLY TO DEFENANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 12, 2022
- INTERVENOR CALIFORNIA COASTAL COMMISSION'S REPLY TO DEFENDANT'S CONSOLIDATED OPPOSITION TO MOTIONS TO REMAND ACTION TO STATE COURT, filed December 12, 2022
- ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMIT FOR FILING OF EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT PINOLI IN SUPPORT OF OPPOSITION TO MOTION TO REMAND, AND ACCOMPANYING DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT THEREOF, filed December 28, 2022
- ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE EVIDENTIARY OBJECTIONS TO AND EXTEND PAGE LIMIT OF EVIDENTIARY OBJECTIONS, filed January 9, 2023
- ORDER GRANTING MOTIONS TO REMAND, filed May 11, 2023
Mendocino Railway vs. California Coastal Commission and the City of Fort Bragg, filed August 9, 2022 in Federal District Court for Northern California in Eureka, California.
- Case CIVIL COVER SHEET filed August 9, 2022, claiming, "Defendant state and local actors unlawfully claim permit authority over federally regulated railroad."
- COMPLAINT FOR DECLARATORY JUDGMENT, filed August 9, 2022
- DEFENDANT JACK AINSWORTH'S NOTICE OF MOTION, MOTION TO DISMISS, ANDMEMORANDUM OF POINTS AND AUTHORITIES, filed September 22, 2022. Response of Defendant California Coastal Commission
  - REQUEST FOR JUDICIAL NOTICE, filed September 22, 2022.
  - [PROPOSED] ORDER, filed September 22, 2022.
- CITY OF FORT BRAGG'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF MENDOCINO RAILWAY'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed September 22, 2022.
  - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S MOTION TO DISMISS COMPLAINT, filed filed September 22, 2022.
  - DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF DEFENDANT CITY'S MOTION TO DISMISS.
  - PLAINTIFF'S OPPOSITION TO DEFENDANT JACK AINSWORTH'S MOTION TO DISMISS, filed October 20, 2022.
  - PLAINTIFF'S OPPOSITION TO DEFENDANT CITY OF FORT BRAGG'S MOTION TO DISMISS, filed October 20, 2022.
  - PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTIONS TO DISMISS, filed October 21, 2022.
  - DEFENDANT JACK AINSWORTH'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, filed November 3, 2022
  - DEFENDANT CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
  - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
- PLAINTIFF'S ADMINISTRATIVE MOTION FOR CONSIDERATION WHETHER TWO PENDING CASES SHOULD BE RELATED (L.R. 3-12), filed October 31, 2022. Mendocino Railway's motion to combine the Fort Bragg v. Mendocino Railway case, "Removed" to Federal Court by Mendocino Railway, with this case.
  - DECLARATION OF PAUL BEARD II IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
  - PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway VERIFIED COMPLAINT FOR INJUNCTIVE RELIER, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway: California Coastal Commission COMPLAINT IN INTERVENTION, filed October 31, 2022.
    - City of Fort Bragg vs. Mendocino Railway: NOTICE OF REMOVAL, filed October 31, 2022.
    - U.S. District Court, Californina Northern District (Eureka) CIVIL DOCKET FOR CASE #: 1:22-CV-06317-RMI, filed October 31, 2022.
- ORDER GRANTING MOTIONS TO DISMISS. filed filed May 12, 2023.
Mendocino Railway vs. Ainsworth et al, filed June 8, 2023 in United States Court of Appeals for the Ninth Circuit, San Francisco, California.
- APPELLANT'S OPENING BRIEF, filed September 6, 2023
- APPELLEE JACK AINSWORTH'S OPPOSITION TO APPELLANT'S MOTION FOR JUDICIAL NOTICE IN SUPPORT OF OPENING BRIEF, filed November 6, 2023
- ANSWERING BRIEF OF APPELLEE CITY OF FORT BRAGG, filed November 6, 2023
- APPELLEE JACK AINSWORTH'S ANSWERING BRIEF, November 6, 2023
- APPELLANT'S COMBINED REPLY TO ANSWERING BRIEFS,filed January 26, 2024
- APPELLANT'S CORRECTED SECOND SUPPLEMENTAL MOTION FOR JUDICIAL NOTICE; DECLARATIONS OF CRYSTAL ZORBAUGH AND PAUL BEARD II IN SUPPORT THEREOF, filed March 4, 2024. Asserts federal preemption in the matter of the Coastal Commission asserting authority under the Coastal Zone Management Act, over Mendocino Railway's RRIF Express loan project to rehabilitate the rail line between Fort Bragg and Willits.
- 23-15857 Mendocino Railway v. Jack Ainsworth - Oral Argument — Video of Hearing before the 9th Circuit Court of Appeals, May 15, 2024 (YouTube)
- 23-15857 Mendocino Railway v. Jack Ainsworth - Oral Argument — Audio of Hearing before the 9th Circuit Court of Appeals, May 15, 2024 (Download)
- 23-15857 OPINION, published August 29, 2024. "The panel affirmed the district court's judgment dismissing Mendocino Railway's federal lawsuit against the City of Fort Bragg and the California Coastal Commission under the Colorado River doctrine, which authorizes federal courts to refrain from exercising jurisdiction where there are parallel state court proceedings."
- APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REHEARING PETITION; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF, dated September 3, 2024.
- APPELLANT MENDOCINO RAILWAY'S PETITION FOR PANEL REHEARING AND REHEARING EN BANC, dated October 11, 2024.
- NEW 12/16 APPELLANT MENDOCINO RAILWAY'S PETITION FOR PANEL REHEARING AND REHEARING EN BANC: ORDER, dated December 10, 2024. “The panel has voted to deny the petition for panel rehearing.”
Sierra Northern Railway and Mendocino Railway vs. City of Fort Bragg
- CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF FORT BRAGG, filed January 22, 2024
- COMPLAINT, filed in Federal District Court of Northern California, August 7, 2024. Alleges City responsibility for dioxin and furan contamination in Pond 8 from City runoff.
- NEW 10/13 STIPULATION AND PROPOSED ORDER TO EXTEND DEFENDANT'S DEADLINE TO FILE A RESPONSIVE PLEADING, filed October 1, 2024.
- NEW 11/03 AMENDED COMPLAINT FOR: (1) CERCLA RESPONSE COSTS, (2) FIFTH AMENDMENT TAKING, (3) DECLARATORY RELIEF, (4) CONTRIBUTION & INDEMNITY, (5) NUISANCE, (6) TRESPASS, (7) INVERSE CONDEMNATION, DEMAND FOR JURY TRIAL, filed November 1, 2024.
- NEW 11/11 STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE, filed October 29, 2024. "...WHEREAS Plaintiffs and the City have been engaged in party-to-party settlement discussions regarding all legal actions presently pending between them... NOW, THEREFORE, pursuant to the foregoing, Plaintiffs and Defendants...stipulate and agree that the Initial Case Management Conference to on or after March 30, 22025."
- NEW 12/15 STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT, filed December 4, 2024. Extended deadline to file Amended Complaint to December 20, 2024
Related Case and Documents
GEORGIA-PACIFIC LLC vs OFFICEMAX INCORPORATED and BOISE CASCADE LLC: U.S. District Court Northern District of California
- FIRST AMENDED COMPLAINT, filed June 6, 2012. Seeks recovery of costs from former owners and operators for ground contamination of toxics.
- SECOND AMENDED COMPLAINT OF GEORGIA-PACIFIC LLC AGAINST OFFICEMAX INCORPORATED, LOUISIANA-PACIFIC CORPORATION, AND CITY OF FORT BRAGG, filed May 21, 2013. Adds the City of Fort Bragg as a Defendant, based on allegations that storm water runoff contributed to onsite contamination of Pond 8
- STIPULATION OF PLAINTIFF GEORGIA-PACIFIC LLC AND DEFENDANT THE CITY OF FORT BRAGG FOR MUTUAL DISMISSAL WITH PREJUDICE OF CLAIMS ASSERTED AGAINST EACH OTHER, filed October 9, 2014
- STIPULATION OF CROSS- DEFENDANTS AND CROSS CLAIMANTS OFFICEMAX INCORPORATED AND THE CITY OF FORT BRAGG FOR MUTUAL DISMISSAL WITH PREJUDICE OF CLAIMS ASSERTED, filed October 9, 2014
See Off Site Contamination section below for history of dioxin and furan contaminated fly ash distributed around and beyond the City of Fort Bragg as a soil amendment for gardens, school playing fields and other locations.
Former Georgia-Pacific Wood Products Facility, Fort Bragg, CA, Mill Pond Storm Water Summary August 2017. Review of Arcadis Mill Pond Storm Water Sampling Report, 2012

Mendocino Railway, Mike Hart and Chris Hart

The Hart Brothers
- Mike Hart (Sierra Energy) on Why He Buys Railroads (2016)
Corporate Filings with California Secretary of State
- Mendocino Railway Articles of Incorporation
- NEW 11/03 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION OF MENDOCINO RAILWAYFiled July 29, 2024. Expands liability protection for directors of Mendocino Railway.
- NEW 11/03 Mendocino Railway Corporate Statement, March 31, 2024, 2021
- Mendocino Railway Corporate Statement, January 25, 2022, filed a year early. Robert Pinoli out as CEO. Mike Hart in.
- Mendocino Railway Corporate Statement, February 23, 2022, filed a month after the last filing. Mike Hart out as CEO. Robert Pinole back in.
- Mendocino Railway Corporate Statement, February 28, 2022, appears to be a duplicate of the February 23 filing.
- NEW 11/03 Sierra Northern Railwayroad Corporate Statement, Filed August 29, 2024. Current owner of teh Fort Bragg Mill Site
- Sierra Railroad (parent corporation of Mendocino Railway and Sierra Northern Railway) Corporate Statement May 28, 2021
Map of Mendocino Headlands Parcels owned by Mendocino Railway and Parent Corporations, Updated September 9, 2023
Pudding Creek Parcels Owned by Mendocino Railway and Parent Corporations, updated September 18, 2023

Mendocino Railway Eminent Domain Cases

Summary of Current status of Eminant Domain cases, as of May 12, 2023

Mendocino Railway vs. Meyer, John (SCUK-CVED-2020-74939)
1401 West Highway 20, Willits, California, filed December 22, 2020. This Case has a Mediation scheduled for May and jury trial scheduled for July.

COMPLAINT IN EMINENT DOMAIN filed by Mendocino Railway December 22, 2020 (Scanned document supplied by Mendocino Superior Court)
DEFENDANT JOHN MEYER'S ANSWER TO COMPLAINT IN EMINENT DOMAIN, filed February 18, 2921.
ANSWER OF DEFENDANTS SHEPPARD INVESTMENTS AND MARYELLEN SHEPPARD, filed August 9, 2021
PLAINTIFF'S MOTION TO BIFURCATE AND SET BENCH TRIAL DATE ON DEFENDANT'S RIGHT TO TAKE OBJECTIONS, May 13, 2022. Mendocino Railway's Motion to separate the issue of whether Mendocino Railway has a right to take using eminant domain, prior to a jury trial on the value of the land. Defendant John Meyer did not oppose. Motion was granted.
PLAINTIFF MENDOCINO RAILWAY'S MANDATORY SETTLEMENT CONFERENCE STATEMENT, May 4, 2022. Mendocino Railway's appraisal of the John Meyer property.
PLAINTIFF MENDOCINO RAILWAY'S DESIGNATION OF EXPERT WITNESSES, April 12, 2022
DEFENDANT JOHN MEYER'S FIRST AMENDED ANSWER TO COMPLAINT IN EMINENT DOMAIN, May 27, 2022
Mendocino Railway's Motion to Combine City of Fort Bragg v. Mendocino Railway with eminent domain case Mendocino Railway v. John Meyer et. al.
- Mendocino Railway's NOTICE OF RELATED CASE, June 22, 2022.
- OPPOSITION OF CITY OF FORT BRAGG TO NOTICE OF RELATED CASE, June 27, 2022. City of Fort Bragg's brief and arguments against combining City of Fort Bragg v. Mendocino Railway with Mendocino Railway v. John Meyer.
- OPPOSITION OF CALIFORNIA COASTAL COMMISSION TO MENDOCINO RAILWAY'S NOTICE OF RELATED CASE September 16, 2022
- DEFENDANT MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF
- CITY OF FORT BRAGG'S OBJECTION TO MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF, filed September 26, 2022.
- MINUTES OF HEARING ON NOTICE OF RELATED CASES, dated September 30, 2022. MR attorney Beard "states...They are not seeking consolidation of the two cases. They are just requesting their case be moved to Ukiah jurisdiction department." The Court denied the motion.
NOTICE OF MOTION TO QUASH SUBPOENA BY WITNESSES FRED HARRIS AND CALIFORNIA PUBLIC UTILITIES COMMISSION, MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF FRED HARRIS IN SUPPORT THEREOF, August 4, 2022. The actual CIVIL SUBPOENA (DUCES TECUM) is attached as EXHIBIT A.
PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO MOTION TO QUASH SUBPOENA BY WITNESS FRED HARRIS AND CALIFORNIA PUBLID UTILITIES COMMISSION; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF, filed August 9, 2022.
DEFENDANT JOHN MEYER'S TRIAL BRIEF, filed August 19, 2022.
JOINT WITNESS LIST RIGHT TO TAKE TRIAL, filed August 19, 2022.
DEFENDANT JOHN MEYER'S MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE FROM KENNAN H. BEARD III, filed August 19, 2022.
PLAINTIFF MENDOCINO RAILWAY'S TRIAL BRIEF RE: LEGAL ISSUE BENCH TRIAL ON DEFENDANT MEYER'S RIGHT TO TAKE OBJECTIONS, filed August 19, 2022.
Minutes of the Bench Trial before Judge Jeanine Nadel on the question of whether Mendocino Railway qualifies to exercise the taking power of eminent domain.
- Trial Minutes August 23, 2022
- Transcript of COURT TRIAL — DAY 1, August 23, 2022
- Trial Minutes August 24, 2022
- Transcript of COURT TRIAL — DAY 2, August 24, 2022
- Trial Minutes August 25, 2022
- Transcript of COURT TRIAL — DAY 3, August 25, 2022
- Transcript of COURT TRIAL — DAY 4, August 29, 2022
- Transcript of COURT TRIAL — DAY 5, November 3, 2022
- Transcript of COURT TRIAL — DAY 6, November 10, 2022
DEFENDANT JOHN MEYER'S NOTICE OF MOTION TO REOPEN CASE, filed September 12, 2022
EX PARTE STIPULATION OF DEFENDANT JOHN MEYER AND PLAINTIFF MENDOCINO RAILWAY TO RESET CLOSING BRIEFING SCHEDULE, filed September 16, 2022. Moves deadline for Closing Briefs to October 7,2022
PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO DEFENDANT'S MOTION TO REOPEN CASE; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF filed September 21, 2022. Contains a large tranch of miscellanious trial related documents, deposition questions, etc.
DEFENDANT JOHN MEYER'S REPLY BRIEF TO OPPOSITION TO REOPEN CASE, filed September 27, 2022. Cites Mendocino Railway's failure to produce the Railroad Retirement Board decision in Discovery "because the decision tends to prove...that Mendocino Railway does not have the power of eminent domain..."
- SUPPLEMENTAL DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF DEFENDANT JOHN MEYER'S MOTION TO REOPEN CASE, filed September 27, 2022.
Tentative Ruling: "Defendant's Motion to reopen the case is granted." Filed October 7, 2022
DEFENDANT JOHN MEYER'S TRIAL EXHIBITS WITH ATTACHMENTS, filed November 4, 2022.
PLAINTIFF MENDOCINO RAILWAY'S CLOSING TRIAL BRIEF, filed January 23, 2023. Searchable.
DEFENDANT JOHN MEYER'S CLOSING TRIAL BRIEF, filed January 23, 2023. Searchable.
DEFENDANT JOHN MEYER'S CLOSING REPLY BRIEF, filed February 07, 2023. Searchable.
PLAINTIFF MENDOCINO RAILWAY'S REPLY TO DEFENDANT MEYER'S CLOSING TRIAL BRIEF>, filed February 08, 2023. Searchable.

Decision After Trial, filed April 19, 2023. "The court concludes that MR has failed to meet its burden of establishing that its attempt to acquire Meyer’s property through eminent domain is supported by constitutional and statutory powers. The court finds in favor of Meyer."
PLAINTIFF MENDOCINO RAILWAY'S REQUEST FOR STATEMENT OF DECISION OR, IN THE ALTERNATIVE, PLAINTIFF'S OBJECTIONS TO PROPOSED STATEMENT OF DECISION Filed April 27, 2023
DEFENDANT JOHN MEYER'S REPLY TO PLAINTIFF MENDOCINO RAILWAY'S REQUEST FOR A STATEMENT FOR DECISION> Filed May 1, 2023

Minute order Re Objections and Request for Statement of Decision, filed May 16, 2023 "The court finds that all issues raised by Plaintiff have been addressed by the court in its decision and the decision after trial will constitute the Statement of Decision."
JUDGMENT AFTER TRIAL BY COURT, filed June 2, 2023
PLAINTIFF MENDOCINO RAILWAY'S OBJECTION TO DEFENDANT MEYER'S [PROPOSED] JUDGMENT, filed June 5, 2023
DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S OBJECTION TO [PROPOSED] JUDGMENT, filed June 15, 2023
PLAINTIFF MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT; DECLARATION OF GLENN L. BLOCK, filed June 5, 2023
PLAINTIFF MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed June 5, 2023

DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S MOTION TO REOPEN BENCH TRIAL, filed June 15, 2023
DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT, filed June 15, 2023
PLAINTIFF MENDOCINO RAILWAYS REPLY ISO MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS, filed June 23, 2023
PLAINTIFF MENDOCINO REALWAY'S REPLY ISO MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT; DECLARATION OF GLENN L. BLOCK , filed June 23, 2023
PLAINTIFF MENDOCINO RAILWAYS REPLY ISO OBJECTION TO DEFENDANT MEYER [PROPOSED] JUDGMENT, filed June 23, 2023

ORDER RE PLAINTIFF'S MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS, filed July 11, 2023. Motion denied.
ORDER RE PLAINTIFF'S MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT, filed July 11, 2023. Motion denied.
Mendocino Railway NOTICE OF APPEAL, filed July 11, 2023
DEFENDANT JOHN MEYER'S NOICE OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610 , filed June 20, 2023

DEFENDANT JOHN MEYER'S MEMORANUM IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610 , filed June 20, 2023

EXHIBIT A: TABLES OF REASONABLE ATTORNEY FEES AND BILLING STATEMENTS, filed June 20, 2023
EXHIBIT B: ARTICLES, LETTERS AND MISC. DOCUMENTS, filed June 20, 2023
EXHIBIT C: ADDITIONAL DOCUMENTS IN SUPPORT, filed June 20, 2023
EXHIBITS D and E: ADDITIONAL DOCUMENTS IN SUPPORT, filed June 20, 2023

DECLARATON OF BRIAN C. CARTER IN DUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
DECLARATION OF THOMAS S. BRIGHA IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
DECLARATION OF ATTILA PANCZEL IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO DEFENDANT JOHN MEYER'S MOTION FOR AWARD OF ATTORNEY FEES AND COSTS; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF, filed August 3, 2023
REPLY DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed August 11, 2023
DEFENDANT JOHN MEYER'S REPLY MEMORANDUM IN SUPPORT OF MOTION FOR AWARD OR REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 11, 2023

Clerk's Minutes explaining the denial of "loadstar" enhancements to attorney fees and costs award., filed August 18, 2023
ORDER AWARDING DEFENDANT JOHN MEYER REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed August 23, 2023. Meyer awarded $265,533.50
Writ of Execution, filed September 7, 2023. "The Levying Officer shall place a keeper at Mendocino Railway's Skunk Train depot located at 100 West Laurel Street, Fort Bragg, CA 95437. The keeper shall take custody of the proceeds from all sales and take possession of all money in the cash register or other "tills" located on the premises for 10 days from the time the keeper is placed in the business. Business hours are 9:30 AM to 1:00PM each day, except Tuesday.
PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER...seeking to quash the judgment, leans, Writ of Execution, staying enforcement of costs, etc. pending appeal, filed September 21, 2023.

JOHN MEYER'S OPPOSITION TO EX PARTE APPLICATION FOR ORDER, filed September 26, 2023.
DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF DEFENDANT JOHN MEYER'S REQUEST FOR REASONABLE TIME TO RESPOND TO EX PARTE APPLICATION FOR ORDER, filed September 21, 2023.
DEFENDANT JOHN MEYER'S REQUEST FOR JUDICIAL NOTICE “requests that the court take judicial notice of the Mendocino Voice Newspaper Article dated May 21, 2023, entitled ‘Skunk Train Property Sells For $41.5 Million In Internal Transfer To Sister Company That Operates Freight Rail Shipping.’” filed September 26, 2023.
PLAINTIFF' REPLY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER STAYING ENFORCEMENT OF DEFENDANT'S COSTS AWARD, ETC., filed September 27, 2023.
Notice of Entry of ORDER ON PLAINTIFF'S EX PARTE APPLICATION FOR ORDER, filed October 24, 2023.

APPELLANT'S AMENDED NOTICE APPEAL, filed OCTOBER 17, 2023.

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL, filed September 13, 2023.
NOTICE OF ELECTION TO USE AN APPENDIX PURSUANT TO CRC 8.124(a) and CASE SUMMARY, filed October 17, 2023.
A168959 - Order - FILED ORDER CONSOLIDATING WITH CASE A168959, filed JUly 8, 2023. Mendocino Railway filed separate appeals for both the decision and the award of attorneys fees. 1st District Court of Appeals ruled to combine those two appeals into a single case.

NEW 09/30 First Appelate District Court of Appeal
- NEW 09/30 APPELLANT'S OPENING BRIEF, filed September 27, 2024.
- NEW 09/30 APPELLANT'S MOTION FOR JUDICIAL NOTICE; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF, filed September 27, 2024.
- NEW 12/08 RESPONDENT'S BRIEF, filed December 2, 2024.
- NEW 12/08 RESPONDENT'S OPPOSITION TO MOTION FOR JUDICIAL NOTICE, filed December 2, 2024.

Mendocino Railway vs. Shea, Lorena Ruth (SCUK-CVED-74846), filed November 18, 2020
Property located at 476 Alger Street in Fort Bragg.

PLAINTIFF'S MOTION FOR PREJUDGMENT POSSESSION (CCP § 1255.410); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ROBERT JASON PINOLI IN SUPPORT, filed January 29, 2021
JUDGMENT AND FINAL ORDER OF CONDEMNATION, filed June 7, 2021
Parcel Map showing 476 Alger Street.

Memo from Joanna Gonzalez, City of Fort Bragg Community Development Department to Chantell O'Neal, City Planner, re: 476 Alger Street., dated 10/20/2020
Mendocino Railway offer to purchase 476 Alger Street for $155,000 with threat of eminent domain if the owner refuses, dated November 6, 2020

Mendocino Railway vs. Georgia-Pacific LLC, et al. (21VC00595)
The southern 209 acres of the Georgia-Pacific mill site and 70 acres along Pudding Creek

COMPLAINT IN EMINENT DOMAIN, filed August 11, 2021
STIPULATION RE: SETTLEMENT, JUDGMENT AND FINAL ORDER OF CONDEMNATION, filed November 17, 2021

California Coastal Commission Filings and Correspondence

California Coastal Act, 2022 Revision
County of Mendocino Coastal Zone, Map 13, Fort Bragg, August 17, 1983
Appeal documents for the demolition of Dry Shed #4, approved by the City of Fort Bragg on March 26, 2018, and appealed to the Coastal Commission April 2, 2019.
Letter from the Coastal Commission to Anthony LaRocca, Counsel for Mendocino Railway, June 11, 2019 asserting Coastal Commission jurisdiction over any expansion of the rail facilities on the Georgia-Pacific Mill Site.
Mendocino Railway request for Coastal Consistency Determination, includes Federal Railroad Adminstration Categorical Exclusion Worksheet and Coastal Consistency Determination, submitted February 28, 2022. (36mb file)
City of Fort Bragg's letter to the Coastal Commission opposing Mendocino Railway's RRIF application, March 14, 2022, on the grounds that it "would allow Mendocino Railway to strategically claim exemption from local and state regulations and bypass the community's ability to participate in planning reuse of the site, which comprises approximately a third of the land within city limits."
Mendocino Railway Consistency Determination withdrawn April 11, 2022 by Federal Railway Authority.
V-1-22-00070 Mendocino Railway Roundhouse, August 10, 2022. Notice of Violation: "Unpermitted development, that includes, but is not limited to, the replacement of the "Roundhouse", the replacement of a sructure located off of Wes Alder Street with an added concrete patio, the replacement of a storage shed allegedly used to store rail bikes, a lot line adjustment, and restricting public parking."

California Public Utilities Commission Decisions

1998 Cal.PUC LEXIS 189 January 21, 1998 California Western Railroad, predecessor to Mendocino Railway granted relief from regulation of excursion passenger fares, the CPUC finding, "that sightseeing is not a public utility function" and "In providing excursion passenger service, CWRR does not function as a public utility."
1998 Cal.PUC LEXIS 384 May 21, 1998 CWRR withdraws the above petition except for the relief of regulation of excursion fares on the basis of occasional passenger traffic between Willits, Northspur and Fort Bragg
Letter from PUC to Mendocino Railway, December 7, 2018, stating "Mendocino Railway is regarded as a Class III railroad by the California Public Utilities Commission (CPUC)."
Public Utilities Commission Response to Mendocino Railway's Request, August 12, 2022. In response to a letter from Michael Hart, requesting that the CPUC state "that Mendocino Railway is a regulated public utility railroad," the CPUC writes, "While Mendocino Railway is a Commisson-regulated railroad, it is not a public utility within the meaning of the California Constitution, the California Public Utilities Code, and the Commission's orders" (Bold in the original document)
RE: Mendocino Railway's Status as a Public Utility, August 15, 2022. Mendocino Railway's response to the CPUC's August 12, 2022 letter, stating, "We respectfully request that your office reconsider the conclusion set forth in the August 12, 2022, letter concerining MRY's status as a public utility."

Federal Railroad Authority and the Surface Transportation Board

Railroad Rehabilitation & Improvement Financing Loan (RRIF) application
Attempts to obtain a copy of the actual application have been unsuccessful. However, the following are in the public domain:
- 45 U.S. Code 17: Railroad Revitalization & Regulatory Reform The section of Federal law that enables and regulates the terms of RRIF loans.
- NCRA letter to U.S. Department of Transportation, November 3, 2021, opposing Mendocino Railway's RRIF loan request on both legal and substantive grounds.
- California Coastal Commission letter to the U.S. Department of Transportation, November 5, 2021, asserting jurisdiction over the loan financed activities under the Federal Coastal Zone Management Act.
- Letter from the City of Fort Bragg, November 22, 2021, opposing the loan with extensive discussion of the City's position.
- Friends of the Eel River Letter Opposing RRIF Application, November 17, 2021
- Mendocino Railway Cease and Desist letter to the City of Fort Bragg, sent December 12, 2021.
Federal Railroad Law and Federal Preemption of State and Local Jurisdiction
- Michael Conneran. "I Hear That Train A'comin': Municipal Legal Issues Involving Railroads". April 30, 2021. History of federal railroad law. Includes an analysis of eminant domain and federal preemption, when it applies and when it does not.
- "I Hear That Train a Comin..." PPT PowerPoint Slide Deck for Conneran's presentation above. Slide 24 begins a discussion of federal preemption.
- The Federal Laws Applicable to Railroads 2017 Section of the Albemarle Community Land Use Handbook detailing the statute and case law around federal preemption of state and local regulations.
The City of Fort Bragg's NOTICE OF LODGING OF FEDERAL AGENCY OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER contains four Surface Transportation Board decisions relevant to federal preemption of local regulations:
- Bureau of Riverdale (4 S.T.B. 380; 1999 S.T.B 531)
- City of Auburn and Kent, WA (2 S.T.B. 330; 1997 STB Lexis 143)
- Maumee & Western Railroad and RMW Ventures (2004 STB Lexis 140)
- Norfolk Southern Railway Co. (2016 STB Lexis 61)
Federal Register Notice that Mendocino Railway acquired California Western Railroad, April 9, 2004
Railroad Retirement Board finding, September 28, 2006, that Mendocino Railway "does not and cannot now operate in interstate commerce...it is not currently an employer under the [Railroad Retirement and unemployment] acts."
MEYER for CWR v. NCRA, January 30, 2007, denying CWR's complaint for damages because NCRA failed to maintain the rail segment between Willits and Schellville/Napa Junction, resulting in FRA emergency order shutting down the line.
Letter from Baker & Miller PLLC, Mendocino Railway Attorney, to SMART District, May 19, 2020, expressing interest in "acquiring the freight rights currently held by Northwestern Pacific Company ("NWP") on the NCRA/NWP line or, at the very least, the rights to that portion of the line between Cloverdale and Willits"
Great Redwood Trail Feasibility, Governance and Railbanking Report, July 2020
S.T.B Docket AB 1313. Federal Register 86:111 June 11, 2021 Federal Register notice of North Coast Rail Authority application to terminate operating rights over the rail line from Outlet Station to Fairhaven.
S.T.B Docket AB 1310. Federal Register 86:145 August 2, 2021 Federal Register Notice of Northewatern Pacific Railroad Company petition to discontinue service between Outlet Station and the Mendocino/Sonoma County line.
Mendocino Railway letter opposing California Coastal Commission's Motion in support of NCRA abandonment, filed January 4, 2022.
Mendocino Railway letter correcting alleged "misleading statements" in a prior letter from NCRA, filed January 20, 2022
Great Redwood Trail Agency's Certification of Filing and Service of Information Requirerd Pursuant to 49 CFR 1152.27(2), September 15, 2022. GRTA's reply to Mendocino Railway's application to re-open rail line from Willits to Longvale. (18mb file)
Railroad Rehabilitation Assessment Willits MP 139.5 to Longvale MP152.5, September 12, 2022. Estimates the rehabilitation cost for that 13 mile segment at $22.5 Million.
MENDOCINO RAILWAY'S OFFER OF FINANCIAL ASSISTANCE, filed October 17, 2022.
SURFACE TRANSPORTATION BOARD DECISION Docket No. AB 1305X GREAT REDWOOD TRAIL AGENCY —ABANDONMENT EXEMPTION— ..., filed October 21, 2022. "It is ordered: 1) MR's OFA is rejected..."
PETITION FOR PARTIAL WAIVER OF ABANDONMENT REGULATIONS AND FOR EXEMPTION FROM STATUTORY REQUIREMENTS, filed February 28, 2022
Railroad Rehabilitation & Improvement (RRIF) Express Loan Application, submitted by Sierra Northern Railway/Mendocino Railway October 11, 2023.
- RRIF Background Links
- Noyo River Map & Background Links
NEW 09/30 RRIF LOAN AGREEMENT For Up to $31,379,805 With SIERRA NORTHERN RAILWAY and MENDOCINO RAILWAY... (RRIF No. 2024-0049), Dated January 11, 2024. Contains detailed budgets, timelines and workplans.
FRA Categorical Exclusion Worksheet Version 5, June 29, 2022, Required National Environmental Policy Act document submitted as part of SNR/MR's RRIF Express application.
California Coastal Commission Public Hearing Notice: Negative Determination No. ND-0008-24 (Federal Railroad Administration, Mendocino County Calendared for Thursday, March 14, 2024.

California Coastal Commission staff's DRAFT Objection Letter to Negative Determination No. ND-0008-24 released March 4, 2024. Coastal Commission staff's proposed response to the FRA Categorical Exclusion Worksheet, including detailed justification for rejecting the Categorical Exclusion Worksheet as meeting the legally required consistency determination regarding coastal matters.

ADDENDUM to DRAFT Objection Letter to Negative Determination No. ND-0008-24, dated March 11, 2024. Recognizes the threat to the City of Fort Bragg's water supply taken from the Noyo River and strengthens other objections.

APPELLANT'S CORRECTED SECOND SUPPLEMENTAL MOTION FOR JUDICIAL NOTICE; DECLARATIONS OF CRYSTAL ZORBAUGH AND PAUL BEARD II IN SUPPORT THEREOF, filed March 4, 2024. Asserts federal preemption in the matter of the Coastal Commission asserting authority under the Coastal Zone Management Act, over Mendocino Railway's RRIF Express loan project to rehabilitate the rail line between Fort Bragg and Willits.
NEW 09/30 Federal Rail Administration Response to California Coastal Commission Letter of Objection to the FRA's Negative Determination, Dated April 19, 2024.

Docket No. AB-1305 (Sub-No. 1) - Great Redwood Trail Agency – Adverse Abandonment – Mendocino Railway in Mendocino County, California filed April 12, 2024. Complete with supporting documents. 196 mb file.

NOTICE OF INTENT TO FILE ADVERSE ABANDONMENT BEFORE THE SURFACE TRANSPORTATION BOARD AB-1305 (Sub-No. 1) — GREAT REDWOOD TRAIL AGENCY – ADVERSE ABANDONMENT – MENDOCINO RAILWAY IN MENDOCINO COUNTY, CA filed March 14, 2024
Feasibility & Market Analysis of Rail Freight Service in the Fort Bragg, Willits & Cloverdale Corridor Prepared by: Marie Jones Consulting, March 6, 2024.
Expedited Consideration Letter Opposing GRTA's Request For Waiver of the Filing Fee Filed April 14, 2024 by Mullins Law Group on behalf of Mendocino Railway.
Great Redwood Trail Agency–Adverse Abandonment–Mendocino Railway in Mendocino County, Cal. (89 Federal Register 35919) Published May 2, 2024

Department of Toxic Substances Control (DTSC)

---- References ----

Dioxins: An Overview and History Environmental Science and Technology 2011, 45, pp. 16-20
NEW 09/09 HUMAN HEALTH RISK ASSESSMENT (HHRA) NOTE NUMBER 2: ISSUE: Soil Remedial Goals for Dioxins and Dioxin-like Compounds for Consideration at California Hazardous Waste Sites, Issue Date April 2017
NEW 09/09 HUMAN HEALTH RISK ASSESSMENT (HHRA) NOTE NUMBER 3, DTSC-modified Screening Levels (DTSC-SLs)Release Date: June 2020 - Revised May 2022
NEW 09/09 US EPA Regional Screening Levels (RSLs) - Generic TablesTables as of: May 2024

---- California Western Railway/Mendocino Railway Property — Skunk Train Facility ----

CORRECTIVE ACTION CONSENT AGREEMENT, June 5, 2005, concerning the clean up of "ash, ash residues, unburned embers generated from burning of chemically treated ties, soils containing ash residues, used oil, paint, and leaking old batteries" on the Skunk Train facility grounds.
Report of DTSC Investigation of Skunk Train Depot focused on waste oil, batteries, and paint, dated November 13, 1998.
Report of DTSC Investigation of Skunk Train Depot focused on waste oil, batteries, paint and used railroad ties., released April 9, 2009
California Environmental Quality Act Notice of Exemption, April 9, 2021, permitting Mendocino Railway to store treated rail tie waste on site
Letter to Mendocino Railway dated November 4, 2021 regarding cleanup postponed in 2013 "because of financial hardship" and ordering them to submit a work plan within 60 days.
Mendocino County Environmental Health NOTICE OF VIOLATION, dated December 6, 2021, concerning “an oil discharge at the Mendocino Railway yard.”
DTSC reply to Mendocino Railway's request for additional time to submit RFI Workplan Addendum, January 25, 2022, stepping up DTSC supervision with Monthly Project Manager meetings.
Mendocino Railway RFI Workplan Addendum, May 9, 2022. "The objective of this RFI Workplan Addendum is to address data gaps identified in the 2013 RFI Report and support a final RFI Report and subsequent Corrective Measure Study."
RCRA Facility Investigation Work Plan Addendum, California Western Facility, dated 13 September 2022, prepared for Mendocino Railway by Kennedy Jenks.
Supplemental Site Investigation Work Plan, Former AST AOI and MES/Pilot Study AOI, dated August 11, 2022. Kennedy-Jenks plan for investigating in-ground contamination in the area of the Above Ground Storage Tanks (AST) and the Machine Equipment Shop (MES), adjacent to the Skunk Train facility.
- DTSC approval for AST/MES study with additional requirement, dated October 6, 2022
- Mendocino Railway acknowledgment and inclusion of additional requirementdated November 21, 2022
DTSC Letter of approval for RCRA Facility Investigation Work Plan Addendum, California Western Facility, dated October 5, 2022.
ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2022/2023, CALIFORNIA WESTERN RAILROAD (SKUNK TRAIN), 100 W LAUREL STREET, FORT BRAGG, CALIFORNIA (SITE CODE 520041), dated October 3, 2022. Includes detailed accounting of costs and Gantt chart style timeline.
NEW 10/03 ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2024/2025, CALIFORNIA WESTERN RAILROAD SITE, FOOT OF LAUREL ST, FORT BRAGG, MENDOCINO COUNTY, CALIFORNIA , dated October 3, 2024. Includes detailed accounting of costs and Gantt chart style timeline.
Quarterly Status Reports

Quarterly Status Report: First Quarter 2023, California Western Railroad (Site Code: 520041), released March 27, 2023
Quarterly Status Report: Second Quarter 2023, California Western Railroad (Site Code: 520041), released June 14, 2023

Reply from DTSC re: Quarterly Status Report: Second Quarter 2023, "DTSC finds that data gaps remain at the California Western Railroad facility, and further study will be necessary to evaluate protective remedies.", released August 9, 2023

Quarterly Status Report: Third Quarter 2023, California Western Railroad (Site Code: 520041), released October 2, 2023
Quarterly Status Report: Fourth Quarter 2023, California Western Railroad (Site Code: 520041), released December 18, 2023
Quarterly Status Report: First Quarter 2024 California Western Railroad (Site Code: 520041), dated March 22, 2024

----------- Georgia Pacific/Koch Industries Mill Site -----------

When the Berm Blows by William Lemos, PhD. Life long Mendocino County resident and retired educator Bill Lemos details the dangers posed by the failing berms surrounding Pond 8, a toxic soup of dioxin, lead, PCBs, etc. (30mb File)
Off-Site Contamination — From 1971 until shortly before the mill closed in 2002, Georgia Pacific operated a "co-generation" electrical generation plant burning mill waste and allegedly other materials. Fly ash from the co-generation plant, containing toxins including dioxins and furans was stored on site, and trucked off-site to be used as soil amendments on fields, lawns and gardens.

Acton Mickelson Environmental, Inc. Dioxin Sampling and Analysis Report, dated July 14, 2006
Georgia Pacific response to Hazardous Substance Information Request/Georgia-Pacific Corporation Fort Bragg Sawmill, Fort Bragg, Mendocino County, Volume 1: 1971 to May, 1985, released November 30, 2006. “This is in response to your letter dated October 11,2006 requesting information from Georgia-Pacific related to ‘all off site locations that received fly ash from the GP Fort Bragg Sawmill’”.

Volume 2: June, 1985 to May, 1987, released November 30, 2006.
Volume 3: June, 1987 to December, 1989, released November 30, 2006.
Volume 4: 1990 to 1991, released November 30, 2006.
Volume 5: 1992 to 2006, Part 1, released November 30, 2006.
Volume 5: 1992 to 2006, Part 2, released November 30, 2006.

DTSC Notice and Request for Access to Amethyst Street property in Fort Bragg that had fly ash delivered to it, dated November 11, 2011

Sitewide and Community Communications
SITE INVESTIGATION AND REMEDIATION ORDER, issued February 16, 2007, ordering Georgia Pacific to investigate and remediate the toxic contamination of the former Georgia Pacific mill site.
Arcadis Off-Site Sources Memo, dated June 12, 2009. The primary focus of this study was to locate potential sources of groundwater contamination by volitile organic compounds from up-gradient businesses that used them
DTSC Community Update: Former Georgia Pacific Mill Site Updates on Cleanup Progress and Feasibility Study - May 2018
FIRST AMENDMENT TO SITE INVESTIGATION AND REMEDIATION ORDER, GEORGIA-PACIFIC WOOD PRODUCTS FACILITY, June 9, 2022. Adds Mendocino Railway to the order and imposes additional requirements.
ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2022/2023, GEORGIA-PACIFIC SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG, CALIFORNIA (SITE CODE:202276), dated September 29, 2022. Includes detailed accounting of costs and Gantt chart style timeline.
CHANGE OF DTSC PROJECT MANAGER FOR THE FORMER GEORGIA-PACIFIC CORPORATION SITE, dated May 16, 2023.
ANNUAL LAND USE INSPECTION REPORT FOR THE FORMER GEORGIA-PACIFIC FORT BRAGG MILL SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG (SITE CODE: 200402), dated August 16, 2024.
NEW 12/08 SECOND AMENDMENT TO SITE INVESTIGATION AND REMEDIATION ORDER, FORMER GEORGIA-PACIFIC MILL SITE, (SITE CODE: 202276), dated December 05, 2024. Adds Sierra Northern Railway as an additional Respondent to the original 2007 Site Investigation and Remediation Order, as amended in the 2022 First Amendment to the Site Investigation and Remediaton Order.
Monthly Status Reports

January 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released February 7, 2023
February 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released March 1, 2023
March 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released April 3, 2023
May 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released June 1, 2023
June 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released July 6, 2023
July 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released July 31, 2023
August 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released September 5, 2023
September 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released October 3, 2023
October 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released November 1, 2023
November 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released December 13, 2023
December 2023 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released January 5, 2024
January 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released February 13, 2024
February 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released March 5, 2024
March 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released April 4, 2024
April 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released May 2, 2024
May 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released June 4, 2024
June 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released July 8, 2024
July 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released August 1, 2024
August 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released September 10, 2024
NEW 10/13 September 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released September 27, 2024
NEW 10/13 ESTIMATED OVERSIGHT COSTS – FISCAL YEAR 2024/2025, THE FORMER GEORGIA-PACIFIC CORPORATION SITE LOCATED AT 90 WEST REDWOOD AVENUE, FORT BRAGG, CALIFORNIA, dated October 10, 2024. Includes detailed accounting of costs and Gantt chart style timeline.
NEW 12/08 October 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released November 13, 2024
NEW 12/15 November 2024 Monthly Summary Report, Former Georgia-Pacific Wood Products Facility, released December 9, 2024

Land Use Covenants – permanent restrictions on how sections of the former Mill site may be used or developed in the future due to toxic soil and/or ground water contamination.
- Operable Unit A, Coastal Trail and Parkland Zone
- Operable Unit D, the location of the sawmill sorter and planer #2
- Operable Unit D, a wedge of land at the south end of the Mill Site
Operable Unit A — The Fort Bragg Coastal Trail

Final Operable Unit A Remedial Action Plan and Feasibility Study, published August, 2008
Covenant to Restrict Use of Property — Environmental Restriction, recorded December 16, 2009.
REMEDIAL ACTION CERTIFICATION OPERABLE UNIT – A, GEORGIA PACIFIC, Certified May 7, 2012.

Operable Unit C — Northern Section
Operable Unit C Groundwater Operation & Maintenance Plan, dated April 9, 2020.
Operable Unit D — Southern Section
Operable Unit D and Operable Unit E Groundwater Operation & Maintenance Plan, dated March 23, 2020.
DTSC Site Visit Report - Operable Units (OUs) C & D (Former Georgia-Pacific Mill Site, Fort Bragg, CA), February 13-14, 2023
Operable Unit E — Central Wetlands, Ponds 1, 2, 3, 4, 5, 6, 7, and 8.
City of Fort Bragg Mill Pond Complex Planning Framework, dated October 20, 20010. Includes options for remediating OU-E Mill Ponds
NEW 11/03 Technical Memorandum – Risk Assessment Approach for Operable Unit E, by Arcadis for Georgia Pacific LLC, dated December 22, 2010

NEW 11/03 Response to DTSC Comments dated January 24, 2011 regarding the Technical Memorandum - Risk Assessment Approach for Operable Unit E, , by Arcadis for Georgia Pacific LLC, dated March 18, 2011. Contains notation; “Because the Division of Safety of Dams (DSOD) has required that the current structures enclosing Pond 8 be removed, including the dam, cribwall, and north wall components...&rdqou;
NEW 11/03 RESPONSE TO COMMENTS: TECHNICAL MEMORANDUM - RISK ASSESSMENT APPROACH FOR OPERABLE UNIT E, DTSC response to Arcadis March 18, 2011 letter, with additional work by Mark Stelljes, SLR Consulting, dated April 26, 2011

NEW 11/03 Mill Pond Complex Restoration DRAFT Conceptual Design June 2011, by Arcadis for Georgia Pacific LLC
DTSC Former Georgia-Pacific Mill Site Update: Next Steps at Operable Units C, D, and E - January 2012
NEW 11/03 Baseline Human Health and Ecological Risk Assessment Work Plan – Operable Unit E Addendum, Dated October 12, 2012, Revised February 15, 2013 by Arcadis for Georgia Pacific LLC
Baseline Human Health and Ecological Risk Assessment - Operable Unit E, released July 30, 2015. Appendices and documentation Here
Kennedy/Jenks Feasibility Study Operable Unit E - May 19, 2017, with many maps of toxic sampling (30mb file)
Final Feasibility Study Operable Unit E September 12, 2019. Prepared by Kennedy/Jenks Consultants, lists considerations, criteria and alternative actions for addressing and remediating Ponds 1-8.
Operable Unit D and Operable Unit E Groundwater Operation & Maintenance Plan, dated March 23, 2020.
DRAFT Remedial Action Plan Operable Unit E October 14, 2020. The current plan under consideration by the City of Fort Bragg, this will not be finalized until a CEQA process and an EIR are accepted by the City of Fort Bragg, plus the required Public Comment period for the DTSC.
Mendocino Railway Permit Application for work to address the California Division of Safety of Dams (DSOD) requirements for the Mill Pond Dam and Pond 8, June 24, 2022. Filed with the City of Fort Bragg July 12, 2022
Re: GEORGIA-PACIFIC, FORT BRAGG MILL SIITE, FORT BRAGG, CALIFORNIA (SITE CODE 202276), dated December 21, 2022. Letter to City of Fort Bragg recommending the City, as lead agency for the EIR for OU-E, consider "the alternatives found in Section 7: Development and Evaluation of Remedial Alternatives of the OU-E FS."
GEORGIA-PACIFIC CORPORATION SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG, CALIFORNIA, OPERABLE UNIT E FEASIBILITY STUDY ADDENDUM SITE CODE 202276), dated December 27, 2022. Letter to Mendocino Railway, stating, "The Department of Toxic Substances Control (DTSC) has determined that the Operable Unit E Feasibility Study (OU-E FS) for the Georgia-Pacific Mill Site requires additional alternatives analysis in a Feasibility Study Addendum (FS Addendum)."
City of Fort Bragg Request for Proposals: Environmental Impact Report Mill Pond Remediation Project, released October, 2022.
PROPOSAL: ENVIRONMENTAL IMPACT REPORT — MILL POND REMEDIATION PROJECT, dated December 16, 2022. Environmental Engineering firm Dudek's proposal to carry out Mendocino Railway's Remedial Action Plan for the OU-E mill ponds.
DTSC Site Visit Report - Operable Units (OUs) C & D (Former Georgia-Pacific Mill Site, Fort Bragg, CA), February 13-14, 2023
GEORGIA PACIFIC MILL SITE OU-E MITIGATION MONITORING Year 5 Report, dated January, 2023
City of Fort Bragg Request for Proposals: Environmental Impact Report — Operable Unit E Mill Pond Remediation Project, released June 29, 2023

Kennedy Jenks Technical Memorandum, dated June 24, 2022. "This technical memorandum provides a summary of the scope of work for proposed improvements to address California Division of Safety of Dams (DSOD) requirements at the Mill Pond Dam and Pond 8 (the Mill Pond)...
DRAFT Remedial Action Plan – Operable Unit E former Georgia-Pacific Wood Products Facility Fort Bragg, California, dated October 14, 2020.
Letter from DTSC to City of Fort Bragg Re: Operable Unit E Environmental Impact Report, dated December 21, 2022
Response to questions relating to Request for Proposals & Bids: Environmental Impact Report – Mill Pond Remediation Project, dated June 27, 2023.
Intgral Consulting, Inc. Proposal for Environmental Impact Report, Operable Unit E Mill Pond Remediation, dated July 19, 2023
DTSC Email: OU-E Feasibility Study Addendum, dated September 5, 2023 “Though DTSC approved the previously-submitted Feasibility Study, given the new information that has come to light, DTSC’s previous approval is now only partial.”
Mendocino Railway response to DTSC letter of December 27, 2022 requesting additional information regarding remediation plan for OU-E dated September 6, 2023. (DTSC letter of December 27, 2022 Here)
[Mendocino Railway's] Review of Recommended Alternative for Mill Pond 8 as a Permittable Project under LCP Former Georgia-Pacific Wood Products Facility, dated January 16, 2024
REQUIREMENT TO COMPLETE FEASIBILITY STUDY ADDENDUM FOR FORMER GEORGIA-PACIFIC MILL SITE, 90 WEST REDWOOD AVENUE, FORT BRAGG, MENDOCINO COUNTY, CALIFORNIA (SITE CODE 202276), Dated March 28, 2024. “DTSC has determined that evaluation of additional remedial alternatives is needed for Mendocino Railway to meet the Feasibility Study requirement in Section 5.7 of the Order for OU-E.”
Mendocino Railway Extension Request for OU-E Feasibility Study Addendum, dated April 29, 2024
REQUESTED EXTENSION FOR FEASIBILITY STUDY ADDENDUM, dated May 16, 2024. DTSC grants extension request to August 30, 2024, “on the condition that Mendocino Railway agrees to monthly meetings with DTSC” with additional requirements spelled out.
SOLICITATIONS OF APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS,FORMER GEORGIA-PACIFIC MILL SITE, FORT BRAGG, CALIFORNIA

Mendocino Railway Stormwater Letter to DTSC alleging that “a significant majority of the ppollutants (80 to 95 percent) entering Pond 8 via stormwater were contributed by drainage areas outside the Site.”, dated August 17, 2023

Mendocino Railway's Request to Add Respondent (City of Fort Bragg) to Order, involving cleanup of Pond 8, dated September 6, 2023

Mendocino Railway: Draft Alternatives List, OU-E Feasibility Study Addendum, dated August 30, 2024. See References above for updated concentration levels.
NEW 11/03 DTSC Response to: MENDOCINO RAILWAY'S REQUEST TO ADD THE CITY OF FORT BRAGG TO SITE INVESTIGATION AND REMEDIATION ORDER, dated November 4, 2023. “DTSC declines to name the City as an additional party to the Order”. Includes concise summary of dioxin and furan contaminated fly ash from mill operations, its sources and distribution.