Lawton & Cates in the news
Owner of two destroyed rail cars sues city
By Kevin Murphy - For the Journal - March 13, 2010
www.stevenspointjournal.com/article/20100313/SPJ0101/3130664/-1/archi
MADISON -- City of Stevens Point officials had two antique rail cars destroyed without ever contacting the known owner, Wisconsin Central Railroad's chief executive officer, according to a lawsuit filed Thursday in federal court.
The complaint alleges that:
Wisconsin Central CEO Edward Burkhardt purchased a bar car (Amtrak No. 8024) and a dining car (Amtrak No. 3365, Harvest Inn) and stored them on tracks in Stevens Point. In August 1999, Burkhardt quit working for the railroad, and the cars were moved onto unused tracks on undeveloped city land.
Six years later, Board of Public Works members authorized disposing of the rail cars. Despite having notes identifying Burkhardt as the cars' owner, then-Mayor Gary Wescott approved a request for bids to remove the cars in September 2005. The bid request stated an effort had been made to determine ownership but no party had sought the cars.
In October 2005, the city accepted J.R. Larsen Co.'s offer to pay $3,250 to remove the cars. That same month, before dismantling began, Dan Nieman, one of the unsuccessful bidders, wrote to city attorney Louis Molepske Sr. identifying Burkhardt as the cars' owner.
"I also wanted to let you know that my son and I found the rightful owner of the rail cars, I thought you would like to have a chance to contact him, his name is Mr. Edward Burkhardt. From what my son and I learned, the rail cars may have real value as collectors," Nieman wrote.
Without contacting Burkhardt, demolition work began, and the city switched companies when the work didn't progress fast enough, said Dixon Gahnz, Burkhardt's attorney.
"The cars had value not only as antiques but for their scrap value, too. The winning bidder paid the city for them," Gahnz said.
Gahnz confirmed there are photos on the Internet of the dining car being dismantled.
Burkhardt, an Illinois resident, stored the cars, planning to restore them eventually, said Gahnz, who didn't know why his client didn't do so within six years or whether any other issues had created animosity between the parties.
"I have no idea why they didn't contact him -- that's what's really perplexing: There was no effort made to contact him even though the city knew Burkhardt owned them," Gahnz said in a phone interview Friday.
A call to Molepske wasn't returned, and attempts Friday to contact Wescott weren't successful.
Burkhardt learned his cars were destroyed when Nieman contacted him, Gahnz said.
Burkhardt's suit alleges that having the cars destroyed without proper notice violated his constitutional rights against unjust taking and due process.
The suit names the city, Public Works Director Joseph Euclide, Wescott and Molepske as defendants. Burkhardt seeks unspecified compensatory and punitive damages that he would use to acquire other rail cars, Gahnz said.
