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Ski Train Won't Run
Temporary Injunction Denied
POSTED: 5:47 pm MST December 23, 2009
UPDATED: 6:41 pm MST December 23, 2009
DENVER -- The Rio Grande Ski Train will not resume the popular shuttles to Winter Park this weekend after a district court judge denied a temporary injunction.The injunction would have forced Amtrak to provide locomotive crews for the ski train operation. Chicago-based Iowa Pacific Holdings sought the injunction after talks with Amtrak stalled just days before the ski train was to kick off its season.In the ruling Wednesday, the judge said Iowa Pacific had "not made a strong showing of the likelihood of success on the merits of its breach of contract claim." The judge also concluded that Iowa Pacific "has not shown that it is likely to suffer irreparable injury if a temporary restraining order does not issue."
Amtrak officials issued a statement, thanking the court "for its consideration and ruling.""Going forward, it continues to be Amtrak's position that the train cannot be operated until the various safety issues flagged by the Federal Railroad Administration have been resolved and Amtrak's liability and operation requirements have been met," the statement said."It is the right result not to force the ski train into operation with so many unresolved operational, financial and safety issues."Iowa Pacific officials said they have followed all regulatory compliance requirements issued by the Federal Railroad Administration and were in the process of inspections when talks with Amtrak reached an impasse because of issues including staffing requirements and liability."We remain hopeful that the Rio Grande ski train will operate in 2010," said Julie White, general manager of the Rio Grande ski train. "We share the disappointment felt by our customers, and our priority now is on helping them with information and refunds."The Ski Train had carried skiers between Denver and Winter Park since 1940. It shut down last year, but Iowa Pacific has been working to revive it starting this weekend. The Anschutz Co. sold the train’s cars in April. More than 13,000 passengers already have made reservations for the December-March season. All customers holding reservations can receive a full refund.Iowa Pacific has filed a multi-million dollar lawsuit against Amtrak, alleging breach of contract. The company still can pursue a preliminary injunction in court in the new year.
Previous Stories:
- December 23, 2009: Amtrak: No Deal To Operate Colorado's Ski Train
- April 22, 2009: Ski Train Sold After 69 Years Of Service
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