Town and Railway meet in federal court again

Testimony continued again this Monday, and as of press time scheduled for this Wednesday, in the Vermont Railway v. Town of Shelburne case, in U.S. District Court in Burlington.

District Judge William K. Sessions III heard testimony from Vermont Railway President David Wulfson on Monday, and is scheduled to again hear from Barrett Trucking President Joe Barrett on Wednesday.

Judge Sessions heard testimony about the facility in Shelburne, and its actual usage under federal preemption laws. It was argued that the facility is more than a transload facility, when in fact it could appear to be a distribution facility. Distribution facilities are not covered under federal preemption regulations.

At the heart of the matter is whose intermodal project this is – Vermont Railway’s or Barrett Trucking’s. This latest hearing is a result of Judge Sessions’s ruling in January after an October ruling when he ordered Vermont Railway and Barrett Trucking to turn over loan documents for the intermodal facility.  The Jan. 12 Order stated, “The Court made clear that its key concern was ‘whether or not there was a representation by Mr. Barrett that he had an interest in the property which is other than what he disclosed in Court.’” The intermodal facility was completed in Shelburne last fall.

As of press time, the hearings are scheduled to wrap up this week. It is unclear when the Judge will render his decision.

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