246970 BEFORE THE SURFACE TRANSPORTATION BOARD ENTERED Office of Proceedings January 28, 2019 Part of Public Record FINANCE DOCKET NO. 35982 JACKSON COUNTY, MISSOURI -ACQUISTION AND OPERATION EXEMPTIONUNION PACIFIC RAILRIAD COMPANY VERIFIED NOTICE OF EXEMPTION PURSUANT TO 48 C.F.R. § 1150.31, Et. Seq. NOTICE OF ADDITIONAL AUTHORITY DEBORAH S. GROH DJJHS ENTERPRISES, LLC JHB & MEB ENTERPRISES, LLC DAVID W. WELLS DAWN R. WELLS CURRENT PROPERTIES INVESTMENTS, LLC NEPHRITE FUND 1, LLC Stewart, Wald & McCulley, LLC Elizabeth A. McCulley Thomas S. Stewart 2100 Central St., Suite 22 Kansas City, MO 64108 Tel: (816) 303-1500 Fax: (816) 527-8068 mcculley@swm.legal stewart@swm.legal Counsel for Plaintiffs Dated: January 4, 2019 Please find additional authority in support of Groh, et al.’s Petition for Revocation which was filed on October 23, 2018. The attached Affidavits and photographs demonstrate that all the rails and ties have been removed such that the rail line has been completely abandoned under Missouri law. Jackson County committed a fraud on the STB and the STB’s authority to transfer the line to Jackson County should be revoked. Please find attached affidavits and photographs in support of Plaintiffs’ Petition for Revocation, as follows: Houske Affidavit attached as Exhibit A; Allen Affidavit attached as Exhibit B; and Photographs attached as Exhibit C. Stewart, Wald & McCulley, LLC By: /s/ Elizabeth A. McCulley Elizabeth A. McCulley Thomas S. Stewart 2100 Central St., Suite 22 Kansas City, MO 64108 Tel: (816) 303-1500 Fax: (816) 527-8068 mcculley@swm.legal stewart@swm.legal COUNSEL FOR PETITIONERS/LANDOWNERS 2 CERTIFICATE OF SERVICE I certify that I have this day served copies of document upon all parties of record in this proceeding, by U.S. Mail this 4th day of January, 2019. Sandra L. Brown Thompson Hine LLP 1919 M Street, Suite 700 Washington, DC 20036 Justin J. Marks 1666 K Street, Nw Ste 500 Washington, DC 20006 Kevin M. Sheys Nossaman Llp 1666 K Street, N.W., Suite 500 Washington, DC 20006 Richard Welsh 227 Bellevue Way NE PMB 719 Bellevue, WA 98004 /s/ Elizabeth A. McCulley 3 IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY DEBORAH S. GROH, et al. ) ) ) ) Plaintiffs, V. ) ) ) ) ) JACKSON COUNTY, MISSOURI, et al. Defendants. Case No. 1816-cv00401 Division No. 15 AFFIDAVIT OF GRANT E. HOUSKE I, Grant E . Houske, being duly sworn and of lawful age, hereby swears and affirms as follows. 1. I am employed with the law firm of Stewart, Wald & McCulley, located at 2100 Central Street Suite 202, Kansa City, MO 64108. 2. I provide litigation support for Thomas S. Stewart and Elizabeth G. McCulley in this lawsuit. 3. On Thursday, December 13, 2018 I, along with Rosemarie Allen, conducted site visits and photographed all six (6) parcels and property involved in this lawsuit. 4. During each site visit, I photographed the former Rock Island Corridor and the property adjacent to the former railroad corridor. The photos of each property are attached as Exhibit A. 5. At each property, I observed the railroad tracks and ties had been removed from the corridor. Also, the ballast was removed, and the former railroad bed had been graded and leveled down to be accessible as a recreational trail. 6. A few cross ties remained stacked on the ground at some of the properties. 7. I personally spoke with two of the landowners about the tracks and ties being removed. The landowners told me the tracks and ties were removed and the work on the corridor was done during the Spring of 2018 and completed during the summer of 2018. 1 FURTHER AFFIANT SAYETH NAUGHT ~~-f: ft,/&., Grant E. Houske Dated: January 4, 2019 Respectfully submitted, Isl Elizabeth A. McCulley Thomas S. Stewart Elizabeth McCulley Stewart Wald & McCulley, LLC 2100 Central, Suite 22 Kansas City, Missouri 64108 stewart@swm.legal mcculley@swm.legal 2 IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY DEBORAH S. GROH, et al. ) ) ) ) ) ) ) ) ) Plaintiffs, V. JACKSON COUNTY, MISSOURI, et al. Defendants. Case No. 1816-cv00401 Division No. 15 AFFIDAVIT OF ROSEMARIE ALLEN I, Rosemarie Allen, being duly sworn and of lawful age, hereby swears and affirms as follows. 1. I am employed with the law firm of Stewart, Wald & McCulley, located at 2100 Central Street Suite 202, Kansa City, MO 64108. 2. I provide litigation support for Thomas S. Stewart and Elizabeth G. McCulley in this lawsuit. 3. On Thursday, December 13, 2018 I, along with Grant Houske, conducted site visits and photographed all six (6) parcels and property involved in this lawsuit. 4. During each site visit, I witnessed Grant Houske photograph the former Rock Island Corridor and the property adjacent to the former railroad corridor. The photos of each property are attached as Exhibit A. 5. At each property, I observed the railroad tracks and ties had been removed from the corridor. Also, the ballast was removed, and the former railroad bed had been graded and leveled down to be accessible as a recreational trail. 6. A few cross ties remained stacked on the ground at some of the properties. 7. I personally spoke with two of the landowners about the tracks and ties being removed. The landowners told me the tracks and ties were removed and the work on the corridor was done during the Spring of 2018 and completed during the summer of 2018. 1 FURTHER AFFIANT SAYETH NAUGH~ . I . Cl? /] u ~1-d- l { Ll Rosemarie Allen Dated: January 4, 2019 Respectfully submitted, Isl Elizabeth A. McCulley Thomas S. 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