By RAY ADLER
Ask Adler
All aboard! On Saturday, June 11, I took a train ride from Hobbs Station along with 130 of my “closest” friends.
The Parks Department has renovated Hobbs Station and created a children’s play area nearby. The renovation appears to have been well done. Everyone seemed to have a good time. I happened to sit with Chuck Leonard and Janet Hart Leonard and heard good stories from both of those local icons.
The train ride brings to mind a time in the 1980s when the train was not popular. I recall protestors coming to the county commissioner’s meeting and demanding to get rid of the train and the tracks. Those folks were tired of the train blocking traffic and the tracks needing repair, creating rough travel for cars. These in favor of saving the train owe a special duty of gratitude to Phil Henderson, then president of the County Commissioners, affectionately known as Boss Hogg.
CSX Railroad had advised that they were going to tear up the tracks. The County Commissioners commissioned me to delay the process until they could decide whether they wanted to preserve the railroad. CSX sent their high-powered Florida attorney and an Indianapolis counterpart to thwart the efforts of the Commissioners. Fearful of losing, I asked ahead of time if there was some settlement that could be made. I was advised that there was no way I could win and there was nothing more to discuss.
Approximately 45 minutes later, with victory in hand, they were the ones asking whether some compromise could be made. I returned their statement that there was nothing to discuss.
In this case, victory was not due to great legal advocacy. In fact, it was not a legal issue at all. It was a political one. A prominent local judge saw the wisdom of delaying the destruction of the tracks until a political decision could be made by the Commissioners. This delay gave the Commissioners time to establish the Hamilton County Port Authority and preserve the Hamilton County train infrastructure. You see, there was a Port Authority Statute set up primarily for Burns Harbor that allowed for railroad spurs! Hence, the Hamilton County Port Authority. The original port authority became the Historic Railroad Multi-Jurisdictional Port Authority, which is now the Hoosier Heritage Port Authority.
Hearty thanks to all involved, and I would encourage everyone to visit the wonderfully restored Hobbs Station and take a ride on the Nickel Plate Express.
Educational material and not legal advice, written by the team at Adler attorneys. Email andrea@noblesvilleattorney.com with questions or comments.