Breaking News It’s a Train & It’s a Skunk: Appeals Court Grants Skunk Train Eminent Domain Victory — Will work on the tunnel now actually start?
Update- we got a response from Robert Pinoli-seeking reply from other side as well
Update- We just got information from Trout Unlimited saying the Skunk was NOT compensated for delivering materials on the railraod to TU. We have put this in the story at the relevant spot.
MendocinoCoast.news has just learned of a major development in the Skunk Train’s eminent domain case. An Appeals Court has sided with Mendocino Railway, overturning the earlier loss to property owner John Meyer that left the railroad with a public black eye.
In its decision, the court found Mendocino County Judge Jeanie Nadel had erred in ruling that Mendocino Railway—the Skunk—was merely an excursion service. The Appeals Court determined instead that it qualifies as a freight carrier.
We will provide a full report soon. For now, we present the court’s decision in full for you to read, with more coverage to follow. Mendocino Railway has a favored media outlet. MendocinoCoast.news is committed to bringing you independent coverage and context.
We got this from Robert Jason Pinoli, president of Mendocino Railway
The Court of Appeal of the State of California has ruled in favor of Mendocino Railway, reversing the trial court’s decision and affirming the railway’s status as a common carrier public utility with the authority to exercise eminent domain. This decision allows Mendocino Railway to proceed with acquiring property in Willits, California, for the construction and maintenance of rail facilities to support its freight and passenger rail operations.
“Now that the our ‘public utility’ status has been affirmed by the court of appeal, we plan to proceed to the ‘compensation’ phase of the proceedings to acquire Mr. Meyer’s property,” said Robert Jason Pinoli, President & CEO of Mendocino Railway.”
Mendocino Railway is committed to enhancing its services and infrastructure to better serve the community and ensure the continued operation of the historic California Western Railroad. We look forward to working with all stakeholders to move forward with this important project,” Pinoli said in the email
The win in court does not remove the outrage at the railroad over the eminent domain action in Willits (see comments responding to this story), nor the perception that the railroad is more interested in real estate than railroading. A GoFundMe campaign raised more than $8000 for John Meyer to pay his legal bills in his resistance to eminent domain by the Skunk. He said those bills ran into the six figures. Most people are watching the railroad to see if it now follows through on its promises to open the long collapsed tunnel that blocks rail traffic between Fort Bragg and Willits. Will they now fix the tunnel?
We have attempted to reach Meyer, so far with no success.
Stay tuned, but you may not hear announcements from them here first.
Here are key excerpts from the document released on December 9, 2025, by the California First Appellate Court.
Robert Pinoli (president of Mendocino Railway) 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 stream bed restoration projects along the CWR line; the freight transportation for Trout Unlimited was for compensation. While the 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.”
Editor’s note- Trout Unlimited’s Anne Hannigan says TU was not compensated, or paid for delivering those materials. The word compensated was changed to “money” but according to her, neither was paid to the railroad. Whether the payment was crucial to the decision remains to be seen.
While the rail did haul rock and construction materials to the two sites you referenced, they were not reimbursed for the costs associated with hauling those materials. The rail was not reimbursed for any of their direct costs for this project.
NO payment? We asked
We did not reimburse any direct costs to the Rail. The Rail was an active partner in the projects and provided transport of people and materials to the sites, but those activities were not reimbursed by TU with public funds.
Thank you,
Anna Halligan
Trout Unlimited
Pinoli testified that Mendocino Railway had no intention to cease its Freight services, the trial testimony established that there are several key site requirements for construction of the project, including that the property be approximately 20 acres in size, relatively level, located along Mendocino’s rail line, near the City of Willits, and adjacent to a highway. Meyer’s property is the only property identified by Mendocino Railway as having these features and being suitable for the project.
Accordingly, we conclude Mendocino Railway met its burden of establishing by a preponderance of the evidence that it has complied with the statutory requirements for eminent domain.
DISPOSITION
The judgment in favor of Meyer and the related attorney fees award are reversed. The matter is remanded for further proceedings regarding the amount of compensation to be paid to Meyer for the taking of his property. Mendocino Railway is entitled to its costs on appeal.
Frank Hartzell’s Report in The Mendocino Voice
Langhorne Wilson, J.
WE CONCUR:
Humes, P. J.
Smiley, J.
Mendocino Railway v. Meyer/A168497, A168959
More info on MendoLocal about the cases. No other media has written anything about all the major cases involving Mendocino Railway. Most have broken for the railroad, after its initial round of losses. The part about publishing has nothing to do with us, it is a legal distinction. Published cases can establish a precedent.
