FARGO (KFGO-AM) - North Dakota Public Service Commission Chairman Brian Kalk says the city of Enderlin should have tried to resolve a railroad crossing dispute through the P-S-C.
Canadian Pacific Railway filed a federal lawsuit that seeks to quash an ordinance that bans trains from blocking railroad crossings for more than 10 minutes.
Kalk says if the city loses the case, it could lead to future problems for state laws that regulate railroads. “If this goes down in Enderlin, that could put our state law in jeopardy,” Kalk said. “I certainly wish that Enderlin would have contacted the North Dakota Public Service Commission.”
Kalk said “We didn’t know about this (lawsuit), but I’ll tell you this, now that we’re aware of it, we’re gonna jump in with both feet.”
Enderlin's city attorney says he believes the ordinance is authorized by state statutes. Railroad crews that violate the ordinance must serve a mandatory two days in jail and pay a $500 fine.