Steam & Excursion > Indiana Transportation Museum?

I realize that the Indiana Transportation Museum is in the eastern U.S., and maybe this should be discussed under the "Eastern Railroads" forum, but at any rate, it seems that the ITM may have REALLY shot themselves in the foot. They reportedly filed another lawsuit, this time in the Northern District Court (Fort Wayne, IN.), going after the folks that own the rail line they operate on. Talk about pissing off what few supports they had left!

That does sound a little weird.

The Indiana Transportation Museum (ITM) filed a suit against the owner of the former Lake Erie & Western/Nickel Plate line that they used to operate on. The owner is the Hoosier Heritage Port Authority (HHPA). In the suit, ITM is seeking a temporary restraining order, preliminary injunction and permanent injunction against HHPA. The case was filed in the U.S. District Court for the Northern District of Indiana for some reason. I'm no expert in Indiana geography, but I don't think the rail line runs in any of the counties covered by the northern district. I suspect it'll get moved to the U.S. District Court in Indianapolis (Southern District).

HHPA is in the middle of selecting a new operator for the line, and ITM seeks to halt that. They also want a court order to force HHPA to let ITM operate on the railroad.

I have a copy of the legal documents, PM me if interested. I think they are a bit "thin" legally, as there really isn't any case law, statute, or regulation that supports what ITM wants the Court to do.

My take is that this is a real "hail mary" and only exacerbates the bad relationship ITM has cultivated with its landlords. ITM also doesn't own its main museum site, it's leased from the City of Noblesville.

While ITM should be trying to figure out what future it can have on the present line, or at a new location, they spend time and money on crap like this. I just do not think the ITM story will have a happy ending.

Want to know what a slow-festering self-inflicted wound looks like? Look to ITM. Yet another poorly run preservation organization in an industry chock full of them.

Here is a copy of the press release from ITM:



Indiana Transportation Museum Files Federal Temporary Restraining Order Against the Hoosier Heritage Port Authority

TRO Could Prevent Take Over of Nickel Plate Railroad and State Fair Train

INDIANAPOLIS, July 10, 2017- The Indiana Transportation Museum today filed a temporary restraining order against the Hoosier Heritage Port Authority and other parties in the United States District Court, Southern District of Indiana, Indianapolis Division, to prevent the Authority from committing several acts that could irreparably damage the Museum, the Nickel Plate tracks and the Museum’s historical assets and artifacts.

The Hoosier Heritage Port Authority was scheduled to meet Monday night.

The temporary restraining order is necessary, Museum Board Chair John McNichols said, because the Museum believes the Authority plans to announce the results of a request for proposal to run the rail lines a month earlier than stated in the RFP, take control of the railroad tracks and evict the Museum from its home at Forest Park in Noblesville. Forest Park is owned by the City of Noblesville. Specifically, if granted, the order restrains the Authority from:

Destroying rail tracks
Evicting the ITM from is site at Forest Park in Noblesville, and
Granting an operator through the Authority’s RFP issued in June.

If granted, the order would also rescind the original Authority suspension of Museum trains and allow the ITM to operate on the line immediately based on Federal Railroad Administration findings.

The request to the court includes that it be placed on an “expedited schedule” meaning the order could be implemented within 10 days. McNichols said “that is not without precedent and due to the circumstances it’s likely.”

If successful, the suit could allow the beloved State Fair Train (sm), the Polar Bear Express Train (sm) and future excursion trains to run on the Nickel Plate tracks.

“This litigation is the last thing we wanted to do, but the Authority and the owners – the cities of Noblesville, Fishers and Hamilton County– left us with no options if we want to continue and grow the legacy of historic railroads in central Indiana,” McNichols said. “If successful, we could have the State Fair Train up and running to serve the families and children who love the Fair Train by the start of the 2017 Indiana State Fair.”

The Museum in June sent the Authority and others the required initial notice of a tort claim for damages according to Indiana Code 34-13-3 through 25. “This is a civil rights case brought against government entities and named officials because our organization’s civil rights to conduct business have been violated through a lack of due process and bad faith negotiations,” McNichols said. The Museum is an IRS-designated 501(c) (3) not-for-profit organization.

“Because of the order to suspend operations by the authority last year, we’ve lost hundreds of thousands of dollars. And since our museum is an all-volunteer organization and does not receive any government funding this is a serious blow.” The Museum’s trains, crews and track are reviewed and certified by the Federal Railroad Administration.

Support for the Museum and its historic and entertainment trains is growing. The independent Noblesville Preservation Alliance issued this statement Friday, July 7:

“The Noblesville Preservation Alliance supports the preservation of the Nickel Plate railroad and train as integral to the history and heritage of Noblesville and the state of Indiana. It is our hope that a viable solution to present challenges will include the continuous operation of this unique historic treasure – from Noblesville to Indianapolis and to northern Hamilton County communities.

“We encourage careful consideration of the increasing rarity and value of such trains, potential for economic benefit to our community and vital contribution to the enjoyment and education of current and future generations. Noblesville is distinguished and admired for its singular achievement of successfully managing growth while developing into a highly desirable modern community that has preserved its unique character and historic appeal.

“Fortunately, Noblesville does not need to recreate the charm of the past – only to continue to value and preserve the meaningful things we have not lost. We are very proud of our beautiful city, and view the train as an essential component of its character and appeal. Please consider preserving this irreplaceable community asset.”

The independent “Save the Nickel Plate” volunteer group has more than 6,000 signatures to “save the train” and preserve the second oldest railroad in the state.

The Indiana Transportation Museum, headquartered in Forest Park, 825 Park Dr., Noblesville, Indiana, is a nonprofit museum and heritage railroad operation founded in 1960. The Museum mission is to engage and inspire generations regarding the rich culture and heritage of America’s and Indiana’s railroads by bringing to life the art, science and technology that defined the industry.

The institution exists as a community-centered partner for the region and Indiana for education, tourism development, economic benefit and preservation of our rich heritage. The Museum sees visitors from across Indiana, the United States and the world.

When is the fire sale? There are a few things I would like....

There press release contains a couple of things I do not think are true.

-The suit was filed in the U.S. District Court for the Northern District of Indiana, in Ft. Wayne for some reason. I searched the southern district, which includes Indianapolis, and found nothing.

-The only named party in the suit is HHPA, the line's owner. There isn't a claim for relief against the City of Noblesville, who owns the park property ITM leases.

-I'm not sure a non-profit organization has any "civil rights" that HHPA or other government entities violated. Usually, government is immune from suit for most causes of action. I tend to think the issues ITM complains about probably fall into that immunity.

The press release strikes me as a bit overwrought. It also smells of desperation. I don't think they have any cards in their hand that they can use against HHPA.