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BOARDMAN Railroad owners sue park over barricaded track



Published: Tue, May 15, 2001 @ 12:00 a.m.



The park district contends it owns the property over which a blocked section of track passes.

By NORMAN LEIGH

VINDICATOR SALEM BUREAU

BOARDMAN -- Columbiana County Port Authority and a railroad operator are suing the Boardman Township Park District over barricades the district has erected on a stretch of railroad track.

The port authority and Central Columbiana & amp; Pennsylvania Railway of Columbiana filed the lawsuit earlier this month in federal court in Akron, seeking to have the barriers removed.

At issue is a 1,300-foot section of track that lies along the main tracks of the Columbiana & amp; Pennsylvania Railway, a 36-mile line from Youngstown to Darlington, Pa.

The railroad, which is being prepared for a resumption of train traffic in the next few weeks, formerly was known as the Youngstown & amp; Southern Railway.

How track is used: In the lawsuit, the port authority and the railroad company refer to the section of line being blocked as a "doubling track," and describe it as lying south of U.S. Route 224, along Southern Boulevard near Boardman Supply Co., 7357 Southern Blvd.

Once the railroad resumes operation, the doubling track will be used to serve Boardman Supply and to enable the railroad operator to temporarily store railroad cars on it.

But several weeks ago the park district placed barricades on the doubling track, declaring it to be part of park property, the lawsuit states.

"We feel strongly that the park district owns what used to be a side track," said Daniel Slagle Jr., park superintendent. Slagle offered no further comment.

What's sought: The port authority and the Columbiana & amp; Pennsylvania Railway are asking the court to order the park district to remove the barricades.

The lawsuit acknowledges that the park district owns property over which the doubling track runs.

But the suit also argues that the park district's ownership fails to include easements and rights of way pertaining to the doubling track.

leigh@vindy.com




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