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 Saturday, July 19, 2008
 

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Nearly completed transload facility receives first loads

Paul Teague, Local News Editor

Caldwell County's railroad transload facility has received its first loads and is nearing completion, according to the project's rail coordinator.

During Wednesday's Caldwell Railroad Commission meeting at the City-County Chambers in Lenoir, Bill Stone presented a video to update the board about the project's progress. According to Stone, two of the tracks now are operational, with another expected to be ready in August.

"We should have it completed by the second week in August and have a grand opening," Stone said.

The video shows rail cars from Lenoir's Sealed Air arriving and dropping off cargo on two of the tracks. The two rail sections are 70 feet apart to allow the unloading of materials.

The $873,792 construction project being performed by Lenoir's Wilkie Construction was $8,188 over budget through June. The transload site is designed to provide inbound and outbound services for Caldwell County businesses. The project is being funded primarily through federal, state and economic development grants, along with contributions from Lenoir and Caldwell County as part of an agreement with Google after the Internet search and applications company requested the closure of a 5.2-mile stretch of railroad in Lenoir.

Meanwhile, Caldwell County Railroad Company and the Caldwell County Economic Development Commission (which became the Caldwell Railroad Commission after a restructuring) have received a summary judgment to dismiss a lawsuit filed by Schwarz & Schwarz, LLC that sought to compel the railroad to maintain a crossing into an industrial park the company owns off U.S. 321-A (Norwood Street) in Lenoir.

In his July 7 ruling, North Carolina Superior Court Judge Timothy Patti said the defendants are subject to "no obligation to provide, physically maintain or pay the costs of maintaining a crossing or road over the railroad tracks."

The dispute dates back to December 2005 when an accident damaged the rail and crossing that blocked the entrance to the industrial park. Schwarz & Schwarz has contended it possesses a legal right to cross the railroad, while the railroad company has offered to lease crossing rights and requested that the company purchase liability insurance to cover any accidents at the crossing.

Patti granted a stay order of his summary judgment that allows Schwarz & Schwarz to continue using its entrance while the company contemplates an appeal.

According to Caldwell County Attorney David Lackey, "A ballpark estimate of the length of that (appeals) process is 12 to 18 months. There is also the possibility that the case will go to the Supreme Court of North Carolina after the Court of Appeals' decision, which could add approximately another year to the appeals process."

In other business, the commission:

• Received a report from George Robinson, who is leasing property for the transload site, about a meeting with officials from railroad company Norfolk Southern. The railroad commission is studying ways to expand the shipping of cargo, including containers, to ports.

• Approved the payment of five bills, totaling $22,864.02.

• Scheduled its next meeting for Wednesday, Aug. 13 at 11:30 a.m.

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