SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36169_0

Case Title:  
CHESTER COUNTY, PA.--PETITION FOR DECLARATORY ORDER

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION AMENDED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Decision Attachments

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    Full Text of Decision

46554 SERVICE DATE – LATE RELEASE AUGUST 3, 2018

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. FD 36169

 

CHESTER COUNTY, PA.—PETITION FOR DECLARATORY ORDER

 

Decided: August 3, 2018

 

By petition filed on March 14, 2018, Chester County, Pa. (the County), a municipal governmental entity, seeks a declaratory order confirming that a line of railroad located between Linfield Road and State Route 422 in Pottstown, Pa. (the Line), and owned by Norfolk Southern Railway Company (NSR), has been abandoned. The County also asks the Board to confirm that, if the Line has been abandoned, its acquisition by the County and conversion to a trail cannot be undertaken pursuant to  8(d) of the National Trails System Act, 16 U.S.C.  1247(d), and 49 C.F.R.  1152.29. A declaratory order proceeding was instituted in a decision served on May 16, 2018, and a procedural schedule was established by a decision served on June 13, 2018.

 

On July 31, 2018, the County filed a letter stating that the parties are conferring on a possible resolution and require an additional 30 days to be added to each of the dates in the procedural schedule. Therefore, the procedural schedule will be amended as follows:

 

Close of discovery August 29, 2018

County opening statement October 1, 2018

NSR reply October 31, 2018

County rebuttal November 15, 2018

 

It is ordered:

 

1. The procedural schedule is amended as described above.

 

2. This decision is effective on its date of service.

 

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.