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Railroad spur vacation draws opposition from Church & Dwight; UFP urges process to continue
Summary
At a public hearing, Church & Dwight representatives urged the board to delay vacating a municipal railroad spur, saying vacating could vest ownership in adjacent users; UFP—s attorney disagreed and asked the board to complete the process as planned.
The board opened a public hearing on a proposal to vacate a city-owned railroad spur right-of-way that serves businesses in the Enterprise Business Park. The item drew opposition from Church & Dwight and comment from UFP Industries.
Doug Stone, an attorney for Church & Dwight, said his client and UFP have long relied on shared use of the spur and that vacating the right-of-way "by operation of law" could transfer ownership to adjacent property owners. Stone said Church & Dwight had not been engaged earlier and asked the board to extend the hearing 30 days so the parties could negotiate a shared-use or maintenance arrangement, suggesting alternatives such as forming a community improvement district to manage the spur.
Tom Fritzland, an attorney for UFP, told the board his client disagrees with the legal interpretation offered by Church & Dwight and asked the council to proceed with the established process rather than delay it.
Staff advised the public hearing had previously been extended 30 days because of opposition; the item was set for final reading in two weeks. No final ordinance vote occurred at the meeting.
What happens next: The board will take the matter up for final reading at the next meeting; staff and the parties may continue negotiations in the meantime.
