Case Details
Case Number	02-1122 RR
Case Type	RR - DOT Railroad
Case Name	In re Application of Burlington Northern & Santa Fe Railway Company & Kansas City Terminal Railway to Close Railroad Crossing at 12th Street in Kansas City, Missouri (USDOT #334 258 R) RS-02-217
Commissioner	z Christopher Graham
Case Status	Archived
Date Created	2002-07-17 16:02:10
Date Closed	2004-05-03 00:00:00

Case Appointments
Type	Location	Attendees	Subject	Status	Begin	End
Hearing Set for			Graham, C 02-1122 RR In re Application of Burlington Northern & Santa Fe Railway Company & Kansas City Terminal Railway to Close Railroad Crossing at 12th St		2002-10-29 09:00:00	2002-10-29 17:00:00
Hearing Set for			Graham, C 02-1122 RR In re Application of Burlington Northern & Santa Fe Railway Company & Kansas City Terminal Railway to Close Railroad Crossing at 12th St		2002-10-07 09:00:00	2002-10-07 09:01:00

Correspondence
Reason	Comments	Date Sent	Documents
Order Issued	Stage: Order Issuedset aside order of Sept. 13, 2002, applicant s motion for order allowing crossing to remain closed pending decision is granted rb.	2002-10-04 00:00:00
DOT File Transferred Letter	Stage: DOT File Transferred Letterrb	2002-07-18 00:00:00
Transcript Sent to Pet Non-State Party	Stage: Transcript to Non State Party	2002-12-10 00:00:00
Transcript Sent to Pet Non-State Party	Stage: Transcript to Non State Party	2002-11-25 00:00:00
Transcript Letter to Pet Non-State Party	Stage: Transcript Letter to Non State PartyLetters sent to Mr. Roe, Mr. Hess, Mr. Healey and Mr. Day. Telephone contact regarding transcript made with Mr. Kidwell -bjb	2002-11-13 00:00:00
Transcript Sent to Pet Non-State Party	Stage: Transcript to Non State Party	2002-11-26 00:00:00
Hearing Notice sent-noh	Stage: noh3rd day of hearing scheduled 9:00 AM, Tuesday, October 29, 2002, CG/AHC rb.	2002-10-23 00:00:00
Briefing Schedule mailed	Stage: Briefing Schedule mailedSimultaneous briefs due 1/3/03 - simultaneous replies due 1/24/03 sh	2002-11-14 00:00:00
Order Issued	Stage: Order Issueddenying Applicants Motion for Order Allowing Crossing to Remain Closed Pending [our] Decision sh	2002-09-13 00:00:00
Order Issued	Stage: Order Issuedgranting Nigro Family Partnership, L.P. s Motion for Leave to Appear and Answer Amended Application -- Answer and Counterclaim is filed as of 8/15/02, parties have until 9/10/02 to respond. sh	2002-08-21 00:00:00
Hearing Notice sent-noh	Stage: Order Granting Continuance and RescheduleCHANGING LOCATION OF HEARING to Jackson County Courthouse Annex, En Banc Courtroom, (Ground Floor), 308 West Kansas, Independence, MO 64052. 10:30 A.M., Monday, Octoer 7, 2002, CG rb.	2002-10-01 00:00:00
Order Issued	denying Applicants motion for stay/ sh	2003-05-21 00:00:00
Order Issued	denying motion for rehearing (rv)	2003-05-12 00:00:00
Certified to Cole County Circuit Court	Stage: Certified to Cole County Circuit Courtof Cole County/ sh	2003-05-28 00:00:00
Discovery Letter mailed to	Stage: Discovery Letter to Pet. mailed	2002-08-06 00:00:00
Objection Letter to Resp sent - ROBDU	Stage: ROBDUObj due 9/11/02 to Motion for Order Allowing Crossing to Remain Closed Pending Decision From the Commission sh	2002-08-22 00:00:00
Objection Letter to Resp sent - ROBDU	Stage: ROBDUObj due 5/1/03 to Motion for Rehearing sh	2003-04-21 00:00:00
Order Issued	granting motion and deem Answer filed on July 19, 2002 rb.	2002-07-18 00:00:00
Hearing Notice sent-noh	RESCHEDULE 9:00 A.M., Monday, October 7, 2002, CG/AHC rb.	2002-07-18 00:00:00

Case Documents
ID	Type	Comments	Date Received
16212429	Copy of correspondence filed	by Nigro Family Partnership, L.P. - notice of hearing in Circuit Court. (by Fax) nb	2003-07-07 09:57:00
16212432	Copy of correspondence filed	by Nigro Family Partnership - Suggestions in Opposition to Plaintiffs Motion for Stay. nb	2003-07-07 10:00:00
16212557	Copy of correspondence filed	Copy of Moton of Administrative Hearing Commission to Be Dropped as a Party Defendant, filed in Circuit Court. sh	2003-07-02 13:13:00
16212781	Duplicate filing	by Certified Mail of copy of Petition for Judicial Review in the Circuit Court of Cole County, MO received on 5/27/03. np	2003-05-22 13:26:00
16212830	Certificate of Serv filed	by BNSF Railway Company of Petition for Judicial Review mailed 5/22/03. np	2003-05-29 15:57:00
16212836	Hard Copy filed	by Nigro Family Partnership - Suggestions in Opposition to Motion for Rehearing. np	2003-05-05 14:23:00
16213710	Copy of correspondence filed	Copy of Notice of Hearing filed in Circuit Court. sh	2003-07-02 13:13:00
16216234	Duplicate filing	of the Motion for Stay filed in the Circuit Court of Cole County by Applicants Burlington and Northern. np	2003-05-23 09:41:00
16216503	Copy of correspondence filed	by K. Paul Day - Notice of Hearing in circuit Court of Cole county. np	2003-05-27 11:56:00
16216582	Suggestions filed by	Nigro Family Partnership by Fax - Suggestions in Opposition to Motion for Rehearing. np	2003-05-01 16:59:00
16216594	Copy of correspondence filed	by BNSF and KCT of brief filed in Circuit Court. np	2003-06-19 14:51:00
16216640	Copy of correspondence filed	by MHTC to Dissolve Stay order through Circuit Court appeal. np	2003-06-17 08:39:00
16216653	Motion for Stay filed	in the Circuit Court of Cole County by Applicants Burlington and Northern. np	2003-05-20 16:18:00
16216710	Appealed to Circuit Court filed	Copy of Correspondence filed by BNSF of Petition for Judicial Review before Circuit Court of Cole County. np	2003-05-21 13:42:00
16216745	Copy of correspondence filed	by BNSF of Motion to Amend Petition for Judicial Review before Circuit Court of Cole County. np	2003-06-12 10:40:00
16216938	Notice of Intent filed by	Nigro Family Partnership by Fax to file Suggestions in Opposition to Motion for Rehearing. np	2003-05-01 16:35:00
16217028	Reply Brief filed	of Applicant. np	2003-01-24 16:54:00
16217029	Reply Brief filed	City s reply to applicant s proposed findings of fact and conclusions of law rb.	2003-01-14 09:18:00
16217557	Motion filed	for Rehearing by Applicants Burlington Northern and Santa Fe Railway Company and Kansas City Terminal Railway. np	2003-04-18 16:49:00
16219039	Hard Copy filed	by Nigro Family Partnership, L.P. np	2003-01-27 11:11:00
16219130	Hard Copy filed	of Brief of Intervenor/Opponent Nigro Familly Partnership, L.P. with Proposed Order received. np	2003-01-06 16:40:00
16219203	Hard Copy filed	of Stipulation. np	2002-12-24 11:46:00
16219301	Suggestions filed by	by Attorneys for Nigro Family Partnership, L.P. in Opposition to "Applicants Motion in Limine to Exclude any and all Evidence" regarding the economic impact to Victor Nigro s Business that may be caused by closing the Crossing in question presented at Hearing. np	2002-10-07 15:37:00
16219303	Hard Copy filed	of Certificate of Discovery by Joel P. Kidwell at time of Hearing. np	2002-10-07 15:45:00
16219304	Hard Copy filed	of copy presented at Hearing by Dale T. Smith for Applicants BNSF and KCT, Respondents Expert Chief Jim Duddy, and Suggestions in Support. np	2002-10-09 15:47:00
16219341	Reply Brief filed	by Fax by Nigro Family Partnership, L.P. np	2003-01-24 14:43:00
16219529	Transcript filed	Transcript of conference call held October 4, 2002 - bjb	2002-11-07 13:44:00
16219578	Proposed Find of Fact/Concl of Law filed by	Nigro Family Partnership and Proposed Order by Fax. np	2003-01-03 15:11:00
16219584	Brief filed by Petitioner	or Applicant BNSF and KCT with Proposed Memorandum and Order received. np	2003-01-03 16:30:00
16219736	Stipulation filed	by Applicants (KCS) by Fax. np	2002-12-23 08:52:00
16220226	Brief filed by Respondent	or Intervenor/Opponent Nigro Familly Partnership, L.P. by Fax. np	2003-01-03 16:34:00
16220310	Motion to Strike filed	by Dale T. Smith for Applicants BNSF and KCT, Respondents Expert Chief Jim Duddy, and Suggestions in Support. np	2002-10-07 15:46:00
16220325	Corrected Copy filed of	a citation used in Applicants Reply Brief. np	2003-03-06 09:31:00
16220375	Motion filed	Nigro Family Partnership, L.P. s Motion in Opposition to the Applicants Motion to file Second Amended Petition and Suggestions in Support, presented at Hearing. np	2002-10-07 15:28:00
16220383	Certificate of Serv filed by fax	by Joel P. Kidwell, of Discovery. Original to be presented at Hearing. np	2002-10-07 10:25:00
16220385	Amended Notice filed by Respondent	(Intervenor) by fax Amended Notice of Deposition rb.	2002-10-01 10:20:00
16220558	Notice to Take Deposition filed	of KCT filed by Attorney for Nigro Family Partnership, LP. np	2002-09-26 09:24:00
16220580	Motion filed	Separate Defendant Nigro Family Partnership, L.P. s Motion in Limine to Exclude the Testimony of Richard Mooney as an Expert Witness with Regard to Sight Distances at 12th Street and Viability of Alternate Routes to the Subject Property if the 12th Street Crossing is Permanently Closed, presented at Hearing. np	2002-10-07 15:32:00
16220594	Request for	Copies of all exhibits, except diagrams and/or photographs. np	2002-11-06 09:10:00
16220598	Notice to Take Deposition filed	of BNSF by Attorney for Nigro Family Partnership, LP. np	2002-09-26 09:30:00
16220608	Notice to Take Deposition filed	by Attorneys for BNSF and KCT, of Victor Nigro. np	2002-10-03 14:45:00
16220609	Notice to Take Deposition filed	by Attorney for BNSF and KCT, of Larry Witt, Duces Tecum. np	2002-10-03 14:52:00
16220615	Request for	Copy of Exhibit 61 from Hearing by Colin D. Stoner. np	2002-10-24 09:58:00
16221296	Hard Copy filed	by Intervenor of Notice of Deposition Duces Tecum and Amended Notice of Deposition. np	2002-10-03 14:27:00
16221412	Stipulation filed	and Settlement Agreement by K. Paul Day, Attorney for Applicants. np	2002-10-29 08:48:00
16221472	Hard Copy filed	United Transportation Union of Answer to Amended Application to Permanently Close Railroad Crossing and Counter Application to Terminate Temporary Closure of Railroad Crossing that was faxed 7/22/02. bb	2002-07-24 11:28:00
16221478	Certificate of Serv filed	by attorney s for Nigro Family Partnership, LP, of Service of Discovery. np	2002-09-30 11:51:00
16221482	Certificate of Serv filed	by Applicants - of first interrogatories and requests for production of documents to the Division of Motor Carrier and Railroad Safety. bb	2002-08-29 11:10:00
16221484	Certificate of Serv filed	by Applicants - of first interrogatories and requests for production of documents to the Kansas City Southern Railway Company. bb	2002-08-29 11:10:00
16221486	Certificate of Serv filed	by Applicants - of first interrogatories and requests for production of documents to Nigro Family Partnership, LP. bb	2002-08-29 11:10:00
16221549	Certificate of Serv filed	of Nigro Family Partnership LP s first interrogatories and first request for admissions. bb	2002-08-29 14:52:00
16221658	Notice of Intent filed by	Fax by United Transportation Union not to Appear at Hearing set 10/19/02. np	2002-10-28 09:25:00
16221671	Motion in Limine filed by	Applicant to Exclude Any and All Evidence Regarding the Economic Impact to Victor Nigro s Business that May be Caused by Closing the Crossing in Question. np	2002-10-04 16:35:00
16221676	Transcript filed		2002-11-13 13:58:00
16221735	Miscellaneous filed	by Attorney for Intervenor - Kansas City, Missouri s reply to Applicant s Motion for Order Allowing Crossing to Remain Closed Pending Decision from the Commission. bb	2002-08-22 11:23:00
16221741	Miscellaneous filed	by Attorney for Intervenor, Tom Healey. bb	2002-07-29 09:49:00
16223081	Certificate of Serv filed	the Nigor Family Partnership, LP s first request for production of documents to BNSF and KC Terminal. bb	2002-08-30 15:09:00
16223087	Hard Copy filed	of Motion to Transfer Hearing to Kansas City, MO. np	2002-09-30 15:09:00
16223094	Certificate of Serv filed	by Attorney for Applicants of Discovery Responses to First Interrogatories, First Request for Production of Documents and First Request for Admissions. np	2002-09-27 14:29:00
16223204	Response filed by	K. Paul Day, Attorney for Applicant s. Applicant s Response to Motion to Transfer Hearing to Kansas City, MO. np	2002-09-30 11:57:00
16223504	Certificate of Serv filed	of Kansas City, Missouri s Answers to BNSF First Interrogatories, the City s Response to BNSF Request for Production of Documents and the City s COS. bb	2002-08-02 13:46:00
16223626	Miscellaneous filed	by Attorneys for Nigro Family Partnership, LP - Reply to BNSF and Kansas City Terminaal s Motion for Order Allowing Crossing to Remain cosed Pending Decision from the commission. bb	2002-09-09 11:18:00
16223716	Miscellaneous filed	by Kansas City, Missouri Answer to Amended Application to Permanently Close Railroad Crossing and Counter Application to Terminate Temporary Closure of Railroad Crossing. bb	2002-07-24 15:51:00
16223775	Motion filed	by Applicants - for Order allowing crossing to remain closed pending decision from the Commission. bb	2002-08-21 15:10:00
16223791	Motion to Relocate filed	Hearing to Kansas City, MO. np	2002-09-30 11:46:00
16223811	Motion filed	to File Amended Application. Second Amended Application received. np	2002-10-04 14:38:00
16223815	Motion filed	by Applicants to Reconsider Order Denying Motion To Allow Crossing to Remain Closed Pending Decision from Commission. np	2002-10-03 14:55:00
16223860	Response filed by Respondent to	(filed by United Transportation Union) to Applicants Motion for Order Allowing Crossing to Remain Closed Pending Decision from the Commission. sh	2002-09-03 12:29:00
16223862	Miscellaneous filed	by fax: Kansas City Southern Railway Company s Suggestion for Loction of Administrative Hearing in Kansas City rb.	2002-10-01 10:26:00
16223870	Notice to Take Deposition filed	by Attorney for BNSF and KCT, of Charles M. Schwinger, Duces Tecum. np	2002-10-03 14:48:00
16223945	Notice to Take Deposition filed	by fax Notice of deposition duces tecum-Richard Mooney rb	2002-10-01 10:20:00
16224166	Motion filed	of Nigro Family Partnership, L.P. for Leave to Appear and Answer Amended Application and Suggestions in Support - Answer of The Nigro Family Partnership, L.P. to the Burlington Northern and Santa Fe Railway Company s Amended Application to Permanently Close Railroad Crossing and Counter Application to Terminate Temporary Closure of Railroad Crossing "RECEIVED." bb	2002-08-15 09:24:00
16224252	DOT File Transferred	BNSF and Kansas City Terminal s Application to permanently close railroad crossing, filed April 2, 2002. Notice of Application and Order, issued April 4, 2002. Division Staff s Response, Waiver of Hearing and Suggestion to add Party, filed April 24, 2002. Answer to Application to Permanently close railroad crossing and counter application to terminate temporary closure of railroad crossing/answer to application, filed April 24, 2002. First Amended Answer to Application to permanently close railroad crossing and counter application to terminate temporary closure of railroad crossing/answer to application, filed April 26, 2002. Order adding United Transportation Untion as a party, issued April 29, 2002. BNSF and Kansas City Terminal s reply to the City of Kansas City s answer to application to permanently close railroad crossing and counter application to termiinate temporary closure of railroad crossing, filed May 1, 2002. Notice from G. Michael O Neal of Hubbell, Sawyer, Peak, O Neal and Napier, attorney for United Transportation Union, filed May 16, 2002. Answer to Application to permanently close railroad crossing, filed May 17, 2002. Notice of Hearing, issued May 31, 2002. Notice of rescheduling of hearing, issued June 10, 2002. BNSF and Kansas City Terminal s reply to United Transportation Union s answer to application to permanently close railroad crossing and counter application, filed June 3, 2002. Kansas City, Missouri s request for continuance, filed June 19, 2002. Letter dated June 19, 2002 to Steven Waters enclosing motion to file amended application, certificate of service of discovery - and discovery responses,. Motion to file amended application, filed June 21, 2002. Certificate of service of discovery, filed June 21, 2002. Certificate of service, filed June 21, 2002. Kansas City, Missouri s notice of deposition, filed June 27, 2002. Order sustaining applicants motion for file amended application, issued July 11, 2002. BNSF and Kansas City Terminal s amended application to permanently close railroad crossing, filed July 11, 2002. Docket sheet of the Division of Motor Carrier and Railroad Safety. rb	2002-07-15 04:41:00
16224861	Response filed by Petitioner to	the Kansas City Southern Railway Company s Answer to Application to Permanently Close Railroad Crossing. bb	2002-07-26 10:36:00
16224909	Stipulation filed	by Applicants and Kansas City, MO (city). np	2002-09-30 15:26:00
16225179	Miscellaneous filed	by Intervenor - Response to Applicants Motion for order Allowing Crossing to Remain Closed Pending Decision from the Commission. bb	2002-09-11 10:31:00
16225190	Miscellaneous filed	by Attorney for Intervenor - The Kansas City Southern Railway Company s Reply to Applicant s Motion for Order Allowing Crossing to Remain Closed Pending Decision from the commission. bb	2002-08-29 16:16:00
16225199	Miscellaneous filed	by United Transportation Union by fax - Answer to Amended Application to Permanently Close Railroad Crossing and Counter Application to Terminate Temporary Closure of Railroad Crossing. bb	2002-07-22 14:19:00
16225203	Motion for Leave to file	to appear and answer application and answer filed rb.	2002-07-15 08:09:00
16225310	Response filed by	Additional Requests for Applicant s Response to Motion to Transfer Hearing to KCMO. np	2002-09-30 15:17:00
16225345	Miscellaneous filed	by BNSF and Kansas City Terminal s reply to Nigro Family Partnership, L.P. s Answer and Counter Application to Terminate Temporary Closure of Railroad Crossing.	2002-08-27 14:56:00
16225665	Certificate of Serv filed	by Applicants - of first interrogatories and requests for production of documents to United Transportation Union. bb	2002-08-29 11:10:00
16226178	Response filed by Petitioner to	United Transportation Union s Answer to Amended Application to Permanently Close Railroad Crossing and Counter Application. bb	2002-07-26 11:04:00
16226179	Response filed by Petitioner to	Kansas City, Missouri s Answer to Amended Application to Permanently Close Railroad Crossing and Counter Application to Terminate Temporary Closure of Railroad Crossing. bb	2002-07-26 11:05:00
16526507	Opinion filed by Mo Circuit Court	affirming decision. nb	2004-02-04 14:11:00
17551779	Decision		2003-04-10 00:00:00	Request