Procedural Background

Complainants request (1) a declaration of complainants' and the public's continued right to use the Summit Truck Trail, which complainants allege is a nonexclusive easement and public right of way; (2) a preliminary and permanent injunction enjoining Burlington Northern & Santa Fe Railway Company (BNSF) from obstructing or interfering with complainants' or the public's use of the Summit Truck Trail; and (3) damages under the theory of inverse condemnation. BNSF denies there is a nonexclusive easement and public right of way in the Summit Truck Trail where it crosses over BNSF's tracks. BNSF raises 17 affirmative defenses, including whether the Commission lacks subject matter jurisdiction to determine property rights and whether complainants have suffered a compensable invasion of their rights. BNSF further alleges the crossing is private and is immune from acquisition by prescription and by adverse possession.

Four days before tendering this Complaint, complainants, by letter to the Chief Administrative Law Judge, requested a TRO requiring BNSF to remove the barricade that it placed across the Summit Truck Trail. BNSF opposed the TRO. On February 27, 2001, the assigned Commissioner and Administrative Law Judge (ALJ) granted the TRO, which required BNSF to remove all barricades, gates, fences and padlocks it erected across the Summit Truck Trail crossing, and to refrain from erecting any other obstruction until further order of the Commission.

BNSF filed a motion to dismiss parts of the complaint. By ruling on May 23, 2001, the assigned ALJ denied the motion insofar as the complaint asks us to determine (1) whether the Summit Truck Trail crossing is private, public, or publicly used, and (2) what access rights follow from such a determination. The ruling granted the motion insofar as the complaint asks us to resolve issues of inverse condemnation; the Commission lacks jurisdiction to resolve such issues.

The Commission held evidentiary hearings on March 21 and April 25, 2001. Complainants presented nine witnesses, Supervisor Bill Postmus, Chard Walker, Tim Sakaguchi, Complainant Roy Jones, Complainant Lynn Buehler, Dennis Felgar, Complainant John Terry, Complainant Garnett Van Natta, and Charles Laird. Defendant presented one witness, Rudy D. San Miguel Jr., and subpoenaed Commission staff engineer, Steven J. Handelman. Opening and reply briefs were filed on July 9 and July 30, 2001. Pursuant to ruling, complainants, BNSF, and Intervenor County of San Bernardino (County) filed supplemental briefs on whether the Commission can or should find the Summit Truck Trail crossing a private crossing publicly used. With the filing of supplemental briefs (September 13, 2001), the case was submitted.

Complainants contend they and the public generally have a present and continuing right to use the public right of way of the Summit Truck Trail. BNSF disputes the claimed right and requests that the TRO be dissolved.