DURANGO, Colo. — The Durango & Silverton Narrow Gauge Railroad is suing La Plata County, Colo., over an effort to stop the railroad’s increased use of its Rockwood Station location.
The Durango Herald reports that, in response to a warning from the county that the railroad faced fines or other penalties unless it addressed land-use code violations at the site, the suit by the railroad and its parent company, American Heritage Railways, argues federal law preempts local land-use regulations on railroad facilities. The railroad also says its right to use the location has been established over 140 years. The suit seeks a temporary restraining order against county enforcement until the situation is resolved.
The Journal reports that the county issued a notice earlier this month ordering the tourist railroad to stop using the station, 15 miles north of Durango, as a major arrival and departure point. The railroad increased use of the location last year when operating its Cascade Canyon Express during the COVID-19 pandemic. That train offered a shorter alternative to its full Durango-Silverton trips, which were suspended because of a track washout, as well as easing concerns about exposure to the coronavirus.
But when the railroad offered the service again this year, the newspaper reports, Rockwood residents began to complain about littering, trespassing, traffic and other issues. County officials subsequently said the railroad needed to address land-use code violations by May 21 or face fines or other penalties.
The railroad is not currently using Rockwood Station as its main arrival and departure point, the newspaper reports.
The railroad has faced significant legal issues in recent years, most stemming from its alleged role in a 2018 wildfire that burned 54,000 acres. The federal government is suing to recover $25 million in firefighting costs, saying one of the railroad’s trains caused the fire [see “Digest: Date, site set for trial…,” Trains News Wire, Nov. 16, 2020]. Local businesses have also sued over losses they suffered as a result of the fire [see “Digest: Insurance company sues Durango & Silverton …,” News Wire, June 4, 2020]. And the U.S. Forest Service for a time halted both brush-clearance and washout-repair work by the railroad last year [see “Digest: Judge turns down Durango & Silverton request …,” News Wire, July 16, 2020].
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