ITM Pursues Legal Action against HHPA

In a an email message sent to members and supporters, the Indiana Transportation Museum said it continues to pursue legal against the Hoosier Heritage Port Authority and other entities in regards to their not allowing ITM to use a rail line northeast of Indianapolis.

ITM contends that its rights to due process were denied by the HHPA when it declared the former Nickel Plate Road branch line as unsafe and it would not allow the ITM to operate its Fair Train and Polar Bear Express excursions.

The museum said it also has filed an amended request for a temporary restraining order in federal court asking the court prohibit HHPA and government entities from removing the rails of the line, awarding a contract to another operator, evicting ITM from Forest Park in Noblesville, and allowing ITM to operate the line under the original policy of use based upon satisfactory Federal Railroad Administration audits without violation.

If that motion is successful, it trigger 15 days of testimony and investigation resulting in either a preliminary or permanent restraining order.

ITM also announced that it is seeking an agreement to operate its Polar Bear Express trains between Logansport and Kokomo, Indiana, this winter.

The museum had announced earlier that it will have a presence in Logansport this fall and winter.

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