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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.