The Surface Transportation Board decided on August 1st not to grant Ballard Terminal Railroad Company's request for an injunction to enjoin Kirkland from removing the rail on the Cross Kirkland Corridor (Read the full decision here).
From the decision:
"Ballard’s request for an injunction will be denied. Ballard has failed to demonstrate, based on the current record, that it will likely succeed on the merits because it appears to have insufficient financial resources and there is insufficient evidence of current shipper need. Given this weak showing, any harm to Ballard resulting from its inability to pay for or recover the cost of installing track is insufficient to warrant an injunction. In addition, the potential harm to the City, King County, and Sound Transit, and the public interest in permitting the local plans for development of a trail on the right-of-way at issue to move forward, weigh against injunctive relief. Accordingly, we will not enjoin the removal of track pending a final decision on Ballard’s underlying petitions."
"Because Ballard does not appear to be a bona fide petitioner that could successfully undertake the project even if the rail were to remain in place, it will not be irreparably harmed if its injunction request is denied."