Surface Transportation Board says NCTD should wait for decision on pending state Superior Court case
The federal Surface Transportation Board has declined to issue a declaratory order requested almost three years ago by the North County Transit District that would give the local agency clear authority over bluff stabilization projects and a proposed safety fence along the train tracks in Del Mar.
“NCTD will now be held to account in state court,” said Laura DeMarco, a Del Mar resident and president of the Friends of the Del Mar Bluffs, in an email Wednesday. “We intend to pursue our action zealously to protect Del Mar’s fragile bluffs from NCTD’s destructive fencing project.” NCTD initially filed the petition Aug. 28, 2020, with the federal board, and then in early 2021 suspended it to work on an agreement with Del Mar and the California Coastal Commission. However, no deal was reached and in late 2021 the transit district renewed its petition.Transit officials have long said they have the right and responsibility to stabilize the eroding bluffs and to build the fence as a matter of public safety.
“Del Mar agrees with the STB that the issue of fencing should be addressed by the state courts, and we look forward to the court’s determination on that matter as well,” Martinez said in a written statement.
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