Here is the STB filing from the City/Sisters of the Holy Cross:
http://www.stb.dot.gov/filings/all.nsf/6084f194b67ca1c4852567d9005751dc/40adbcdcb105fc7b852571ea0079d1ce/$FILE/217551.PDF
It is an interesting read. Among other things, the city states their intent to construct a sewer line in place of the tracks. They also have the desire to build a trail up to the river. Holy Cross talks at length about the detriment of the tracks to their campus planning, etc, so I highly doubt they want a trail going through their grounds either. It's disappointing though, since a trail connection to the university would probably be very popular.
A couple things that the petition states are that it has been more than 10 years since the last train was run, and that there are several crossings where the tracks have been torn out (by the city).
First, I thought the last train was recorded on this website (probably about 1999) and so less than ten years ago. I believe the 10 years standard is a threshold based on previous ICC decisions, so if there has been a train in the past 10 years, the argument is less valid.
Second, I think it is unfair for the city to claim that the line was "defacto" abandoned because the tracks were torn out at the crossings...by the city. I think this is vandalism on the part of the city, not a valid arugment for abandonment. If it is a valid argument, then it would set the precedence that any city can rip out huge chunks of rails of lines that they want to close and then claim that the railroad is "defacto" abandoned because the railroad can't repair the tracks.
[edit: just reread some of the postings from the old message board on the ND&W. In a post 12/6/03
http://indiana.railfan.net/wwwboard/archive1/2459.html Andy says "NS has performed all of the work paving over and/or removing crossings." So that invalidates my point #2.
To search the old messages, go here:
http://indiana.railfan.net/cgi/search/search.pl?p=1&lang=en&include=&exclude=&penalty=0&sort=&mode=all&q=notre+dame Be careful where you click as some of the repliers' email addresses still lead to spam websites; their messages have been removed though.]
We'll see what happens with this filing...