Edited by: Dan Woomer
By Holden Wilen – Reporter, Baltimore Business Journal
Mar 4, 2022
A high-speed magnetic levitation train line that would run from Baltimore to Washington , D.C. , remains a possibility after the company planning to build the project won an appeal in its case seeking to condemn land in Westport .
Maryland's Court of Special Appeals, the state's second-highest court, ruled Friday that a lower court judge erred in her decision to dismiss a condemnation case that would have put plans for a maglev train line in jeopardy. The case now goes back to the Baltimore City Circuit Court for further proceedings.
Baltimore Washington Rapid Rail (BWRR), the company that wants to build the maglev, filed a lawsuit last year seeking to condemn 43 acres of land in Westport that it claims is needed for the proposed route. Monkton-based Stonewall Capital, which owns the property off Kloman Street , is planning a major redevelopment of the South Baltimore waterfront.
Baltimore City Circuit Court Judge Kendra Ausby dismissed the case in August, ruling BWRR did not obtain the necessary approval from Baltimore 's mayor and City Council. The Court of Special Appeals ruled Ausby erred in her decision because the case involves only privately owned property and not about accessing property via Baltimore public ways.
"This case is only about whether BWRR has the authority to seek to acquire via condemnation a privately owned parcel of land," according to the opinion authored by Judge Stuart R. Berger. "BWRR sought and obtained the only consent required at this time. We hold, therefore, that the circuit court erred by concluding that BWRR had failed to obtained consent as required...as a matter of law."
Wayne Rogers, CEO of BWRR, praised the court's ruling and said it helps move the maglev closer to reality.
"This ruling supports our continued focus on moving the project forward, bringing significant economic and environmental benefits to the community and the region," Rogers said in a statement. "Since the project’s inception, we’ve been committed to engaging with diverse, vibrant communities to ensure the benefits are shared equitably. We’re pleased that this ruling allows us to expedite our work with communities to develop world class transportation, an inclusive workforce, improve air quality by taking millions of cars off the road and open new education and business opportunities for all."
Representatives of Stonewall could not be reached immediately for comment.
The ruling supports BWRR claim that it obtained condemnation power through a passenger railroad franchise it acquired in 2015, with approval from the Maryland Public Service Commission. The company, as a condition of the PSC's approval, also sought consent from Baltimore 's mayor and City Council to exercise the railroad franchise. The City Council passed a resolution providing consent in February 2017, which was signed by then-Mayor Catherine Pugh in April that year.
Brett Ingerman, managing partner of DLA Piper's Baltimore office representing BWRR, said during oral arguments last month the company only needs to seek additional approval from the city if it wants to acquire public roads or right-of-ways.
Stonewall argued that BWRR only obtained the railroad franchise and needs additional approval from the City Council to exercise the condemnation power. Matthew Sturtz, a partner in the Baltimore office of law firm Nelson Mullins representing Stonewall, said during oral arguments last month that the extra layer of approval is important because when the PSC approved the transfer of a "dormant franchise," it had no information about a proposed route for the maglev or how the project would impact communities.
Attorneys for BWRR had also asked the appeals court to rule on other issues raised by Stonewall, including a question over whether the maglev is even actually a train. Stonewall attorneys argued maglev does not meet the definition of being train, so BWRR should not be able to exercise condemnation power.
Stonewall also argued the transfer of the railroad franchise to BWRR did not include the right to exercise condemnation power and that the company is time-barred under state law from exercising condemnation authority.
The Court of Special Appeals ruled that the PSC's approval of the transfer of the franchise to BWRR included the right to exercise it. The court also did not agree with Stonewall's conclusion that the maglev is not a train. The court said matters related to the statute of limitations question could be considered by the Circuit Court in future proceedings.
Source: Wilen, Holden. “Appeals court rules in favor of maglev builder in Westport condemnation case.” March 4, 2022. Baltimore Business Journal. https://www.bizjournals.com/baltimore/news/2022/03/04/appeals-court-rules-in-favor-of-maglev.html?utm_source=st&utm_medium=en&utm_campaign=BN&utm_content=ba&ana=e_ba_BN&j=26917754&senddate=2022-03-04
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(4) Learn more about the concerns and impacts the SCMagLev will have on our communities and how to comment on the January 2021 Draft Environmental Impact Statement at www.stopthistrain.org and mcrt-action.org.
(5) Contact the Maryland Coalition for Responsible Transit (MCRT) at mcrtaction@gmail.com for questions.
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