Now that the question over whether or not the elevated train line once owned by Conrail is a "spur" or a "rail line" has been decided in the courtroom of federal Judge Amy Berman Jackson. It's a "rail line" which means the City of Jersey City feels that changes the entire ownership of the land.
Here's the kerfuffle in a nutshell:
Jersey City has argued that Conrail should have gone through an abandonment process before it sold the embankment to Hyman and his wife, Victoria. Federal transportation rules require owners of abandoned lines to go through this process before selling, a process that could give the city first crack at purchasing it.
But Conrail had argued that the embankment was a spur, not a line, and so was not subject to the abandonment process. In her Sept. 30 ruling, federal Judge Amy Berman Jackson tossed that argument.
The response from the Hyman's attorney attorney Dan Horgan was expectedly douchey: “It’s one additional step in a process that’s gone on for eight years that’s cost the taxpayers of Jersey City millions of dollars, It won’t resolve itself this year or next year or the year after.”
Dan Horgan everyone with his imitation of the Wicked Witch of the West skywriting "Surrender Fulop" over the Sixth Street Embankment. We think this ruling did get the city somewhere Mr. Horgan. We think this ruling, while it may take a couple more rulings, will be decided in the city's favor. Don't take it from Johnny, oh no, take it from His Excellency Mayor Fulop:
“This is another clear win for the city, and now both momentum and leverage are in the city’s favor. The developer can continue to waste his money and appeal, which we don’t mind at all, but I feel comfortable in the fact that we will eventually have a showcase linear park in Jersey City that the entire city can enjoy.”
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