Mendocino Railway v. Meyer

CourtCalifornia Court of Appeal
DecidedJanuary 7, 2026
DocketA168497
StatusPublished

This text of Mendocino Railway v. Meyer (Mendocino Railway v. Meyer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendocino Railway v. Meyer, (Cal. Ct. App. 2026).

Opinion

Filed 12/9/25; Certified for Publication 1/7/26 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

MENDOCINO RAILWAY, Plaintiff and Appellant, A168497, A168959 v. JOHN MEYER, (Mendocino County Super. Ct. No. SCUK-CVED- Defendant and Respondent. 2020-74939)

Plaintiff Mendocino Railway appeals from the judgment following a multi-day bench trial in which the trial court ruled Mendocino Railway did not qualify as a public utility with the power of eminent domain—and even if it had public utility status—it failed to meet the statutory requirements of eminent domain. (See Pub. Util. Code, § 611; Code Civ. Proc., § 1240.030.) Concluding the trial court erred in its interpretation of the relevant law and in its application of the facts to the law, we reverse.1

1 On January 30, 2025, we granted motions for leave to file amicus

curiae briefs submitted by the California Coastal Commission and the American Short Line and Regional Railroad Association. We deferred ruling on the California Coastal Commission’s request for judicial notice pending the resolution of this appeal. We now deny that request on the grounds that the documents requested for notice are not relevant to resolution of this appeal.

1 BACKGROUND A. Eminent Domain Action In 2020, Mendocino Railway filed an action seeking to acquire by eminent domain a 20-acre undeveloped parcel (the property) in Willits, California owned by John Meyer. Mendocino Railway’s railroad runs along the southern boundary of the property. The stated purpose of the acquisition is the “construction and maintenance of rail facilities related to” Mendocino Railway’s “ongoing and future freight and passenger rail operations” (the project). Mendocino Railway avers it is “a California railroad corporation organized and existing under the laws of the State of California and is authorized by law to exercise the power of eminent domain to acquire private property for public use” under California Constitution, Article I, section 19; Public Utilities Code sections 229, 230, 611 and 7526, subdivision (g); and Code of Civil Procedure section1230.010 et seq. B. Evidence at Trial The sole witness at trial was Robert Pinoli, the President and Chief Executive Officer of Mendocino Railway. Origins of Rail Service Along the California Western Railroad The California Western Railroad (CWR) consists of a 40-mile stretch of railway between Fort Bragg and Willits. The CWR was built in 1885 as a means to haul redwood trees to a lumbermill in Fort Bragg. However, it has “provided significant passenger service since 1912” and “remains a vital link between Willits and the coastal communities.” Early in its history, CWR began providing passenger excursion services which later became known as the “Skunk Train.”

2 Mendocino Railway’s Acquisition of CWR In 2002, California Western Railroad, Inc. (CWRR), the then-owner of CWR, filed for Chapter 11 Bankruptcy under Subchapter IV (Railroad Reorganization). (See 11 U.S.C. § 1161 et seq.) Sierra Railroad Company (SRC), a holding company without common carrier status successfully bid to acquire the assets of CWR. SRC then formed Mendocino Railway, also a holding company, to purchase CWR’s assets. Mendocino Railway initially intended to operate CWR with the help of its affiliated entities, Sierra Northern Railway (SNR), Midland Railroad Enterprises Corporation (MREC), and Sierra Entertainment (a tourism entertainment and passenger operations company) (SE); SNR, MREC, and SE are subsidiaries of SRC. In 2004, the Surface Transportation Board (STB) approved Mendocino Railway’s purchase of CWR as a Class III regulated railroad.2 Passenger Commuter and Excursion Services Pinoli testified that affiliated-entity SE provided passenger commuter service and excursion service on behalf of Mendocino Railway from 2004 until 2008. Starting in 2008, Mendocino Railway itself began providing commuter passenger service and excursion services. Mendocino Railway provided its published tariffs regarding passenger fares from 1993 to 2021, which listed CWR’s prior owner and Mendocino Railway as the issuers and passenger service providers. Pinoli explained that tariffs are “a way for the railroad to make its services available to the public”. Pinoli testified that passenger rail service remains currently available with no foreseeable stoppage. Freight Service

2 The STB divides railroads into three categories based on their

operating revenues; Class III railroads have the smallest operating revenues. (See 49 U.S.C. § 20102; 49 C.F.R. § 1201.1-1.)

3 Pinoli testified that SNR provided freight services on Mendocino Railway’s behalf from 2004 until 2021. He explained that by 2021 SNR was “simply just too busy” to offer services at such a “remote location” and as a result, Mendocino Railway took over the freight services. Even before Mendocino Railway assumed the freight services from SNR, from 2020 to 2021 Mendocino Railway transported aggregate and steel structures for Trout Unlimited in connection with two streambed restoration projects along the CWR line; the freight transportation for Trout Unlimited was for compensation. While Mendocino Railway provided transportation for Trout Unlimited, its “freight train was made a priority, and the railroad’s excursion schedule was halted to yield to the freight operations of the railroad.” Pinoli testified that Mendocino Railway had no intention to cease its freight services. Access to Interstate Rail System At the Willits end of the CWR line, there is a depot located on the Northwestern Pacific (NWPY) track, on which Mendocino Railway has trackage rights. The CWR line connects to the NWPY track, which connects to the Union Pacific Railroad mainline. However, maintenance issues has kept the NWPY line closed, resulting in a stoppage of freight services. Although there is “no longer direct connection to the rest of the country through the NWPY track, Amtrack allows” Mendocino Railway “to have access” to the Union Pacific Railroad mainline. Tunnel Collapse In 2015, the CWR line was severed when one of its tunnels collapsed. Pinoli testified that even with the tunnel collapse, Mendocino Railway has still been able to offer and perform non-excursion passenger and freight transportation on either side of the tunnel. He further explained the tunnel

4 collapse “hasn’t stopped the railroad from getting people to their remote residences or summer camps” or “transporting goods and services to property owners along the route.” Allocation of Revenue Pinoli testified that as of 2020, 90% of Mendocino Railway’s revenue came from the excursion train activities. The other 10% of Mendocino Railway’s income came from leases and easements. When asked whether this 90/10 allocation generally represented the last ten years, Pinoli explained he did not have Mendocino Railway’s financial statements in front of him and he did not want to speculate. When further asked why he did not have the financial information with him, Pinoli explained that Mendocino Railway was not asked to provide such information. He further indicated: “If the Court felt it were necessary, then we would be happy to provide that information.” Need for Expansion Pinoli testified that Mendocino Railway lacks adequate maintenance or repair facilities, yard space, equipment storage space, or dedicated areas for freight operations at the Willits end of the CWR line. As a result, Mendocino Railway’s maintenance and repair activities take place at temporary facilities and outdoors on the tracks at that end.

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Mendocino Railway v. Meyer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendocino-railway-v-meyer-calctapp-2026.