“The state’s decision left us with no alternative but to challenge their action,” said Board of Supervisors Chairman Annette Perkins. “We are extremely disappointed that the state has chosen to move ahead with the Ellison site despite the County’s strong opposition. The state has ignored our concerns about the harm to our quality of life and environment, increased traffic and other negative impacts such a facility would have on the rural character of the village of Elliston. We believe the state should respect local land use autonomy, the community’s Comprehensive Plan, which is mandated by the state, and the rights of local governments to determine what is in the best interests of their citizens and community.”

The lawsuit will challenge the constitutionality and validity of using taxpayer dollars to build a private intermodal rail facility in Montgomery County. Through the Rail Enhancement Fund, the Commonwealth is expected to spend tens of millions to assist Norfolk Southern with developing an intermodal facility that will be owned and operated by Norfolk Southern.

“We have serious questions about the purported economic and employment benefits to this region touted by the state, and particularly Montgomery County.” Perkins added. “We would, however, support the facility’s location in a place where it would be welcome and consistent with the locality’s local land use and economic development plans.”

The County advised state officials of its specific concerns about the constitutionality of the proposed public spending for privately owned railroad facilities. The state has not addressed those concerns in any constructive or substantive way.

The lawsuit is in the process of being drafted; details will be released once finalized. The lawsuit is expected to be filed within the next two weeks.

The Board of Supervisors has passed three resolutions since 2006 opposing the Elliston site. In April, Chairman Perkins told state officials at a meeting in Salem that the “economic spin-off from the trucking facility, such as warehouses, truck stops and other similar activities, is not what the County has envisioned, sought and targeted.”

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MOCO to challenge funding of rail facility
written by Intermodal Fan, August 26, 2008

Sure, the county shouldn't have to pay for ALL upgrades for the intermodal site, BY ITSELF..IT'S NOT! Many upgrades are needed, anyhow. I just love going through the Elliston area, and seeing all the run-down buildings, 30-year-old mobile classrooms and other inhabited units that would be condemned IF anyone would evaluate. Where's the Health Department, Building Codes Department..and so on?
Drive through a few dirt roads, and you see the real poverty. No, this will not be an instant cure to poverty in the immediate area. Yes, it will prove to be a progressive project.

No, it will not ruin the beauty of the area. Yes, you can see beautiful sites within the area, if you just drive down a road, other than the immediate access roads, and try to ignore the poverty-riddled sites. It is progress, @some cost, of course, but, come on!..The County's suit is ridiculous. In all fairness, it will balance out. After all, state and federal funds will be accessed, and our tax-base MAY feed the many that live in poverty in Montgomery County, including Elliston. Free lunches at Elliston's schools is often the only meal of the day for some. I could go on, but some folks realize that the area is very poor; only a few 'big' landowners have any real concerns, and some may make concerted efforts, via employees and govt. connections. Supervisor Creed is especially one to watch; he is integrally involved with companies that would love to buy-up land, and sell for profit, based upon delay tactics, etc. I can't believe that he has the residents in mind, although he has, apparently, gained support from some Board Members..same 'club?'.

Just stop pork-barrel 'rule'. We apparently need new Board of Supervisors members, IF they aren't biased and 'bought'.

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