http://www.phillyburbs.com/news/local/b ... d7b41.html

[as usual, there's more at the link above; the below is only the beginning]

PEMBERTON TOWNSHIP — The trains will stay.

Burlington County Superior Court Judge Michael J. Hogan granted an injunction Wednesday preventing the township from removing the 12 locomotives and rail cars at the North Pemberton Historic Railroad Station on Fort Dix Road.

Hogan decided that the lease between the municipality and trust was still intact because the Township Council never voted to terminate it. The trust will be allowed back on the property immediately.

“Our prayers were finally answered,” Adrienne Leonard, the trust’s vice president, said Wednesday afternoon. “It’s nice to know we finally caught a break.”

Attorney Frederick Hardt, who represents the trust, said he was satisfied with the decision and that the matter is in the council’s hands.

“We got what we wanted,” Hardt said. “Until and unless the council takes other action to agree to terminate the agreement, the trains will stay.”

The five-member council, which has been mostly silent during the feud on the advice of its attorney, passed a resolution Aug. 3 stating that it did not want the equipment to be sold at a proposed auction. The auction was canceled a few days later as the township administrator and trust representatives attempted to negotiate a deal.

Score one for the boys back home! Glad to hear Pemberton won a round, FINALLY

Just a word of caution. There is still the question as to whether or not the lease, or license as it really is, covers the property where the trains now sit. This is an injunction only, so there will be follow up legal efforts to remove the equipment. So, it is one small positive step, but the bigger question still hangs out there. Can the locomotives and rolling stock stay on township property. That is the key question at this point and it has not been settled as of yet.

Hopefully the trust will leverage the publicity of the dispute to solicit much needed volunteers. If significant restoration work (painting) could occur in the immediate future that would assist in deflating the mayor's apparent claim that the equipment is a blight and receives no attention.

If the weather holds out, we will be painting tomorrow.

Later!
Mr. Ed

That's awesome.

You still need an alternate site, because there is some material that needs to leave the site. Because it adds to the appearance of a "junkyard", and that effect will be even more pronounced when the complete railcars are cleaned up and look sharp. There is nothing you can do to trucks/wheelsets to make them look good, or the rail-bus unless you can find the hood/engine cover.

And yeah, on paint, this is one of the rare times I'd place speed over excellence. Don't use latex or anything with silicones, or you'll regret it. Rolling is fine if you tip it out with a brush to remove roller stipple. In your case it would give new meaning to "They see me rollin'... they hatin'..."
http://www.youtube.com/watch?v=FK_CKtYCRIc

Nothing is leaving the site. We got half of the 45 tonner in primer today. We also cut the grass, something the mayor swore he would do. We will finish the priming and begin the finish coat next Saturday. We have been promised many new volunteers next week so if we have enough people we will put some on the 100 tonner to finish that engine which is half way in primer. Then we will jump on the N5c and get the bad finish coat off and put on a nice coat of high gloss red.

Later!
Mr. Ed

We had 9 volunteers out Saturday and got the 45 tonner in primer. If I get the opportunity during the week, I will stripe it so we put her in her final green coat on Saturday, weather pemitting.

If we have enough volunteers on Saturday, we will put a few on paint and the rest on the 100 tonner which only needs to be sanded to give the paint some "tooth" for primer. We did get the back hood in primer a few years ago and that end is already striped.

The township installed snow fencing around everthing. It made it a bit difficult to work on the loco but we did OK. The fencing is their answer to the liabilty issue.

I will post photos over at http://www.railfan.net. Go to http://www.railfan.net and click on Forums, then tourist railways and again then scroll to Pemberton Township Historic Trust.

Later!
Mr. Ed

Striped the 45 tonner today. If it doesn't rain Saturday we will get it in it's final coat of hunter green. If we have enough people, we will start sanding the 100 tonner and get as much of it in primer as we can. We did get the rear hood in primer and striped several years ago. If we continue to get this number of volunteers, we will attack the Tidewater tank car this year. And we might even get the cupola windows in the N5c so we can work inside there this winter.

Later!
Mr. Ed

We put the 45 tonner in color on Thursday. Just got finished before the skies opened up. She looks good! Our next outing will find us putting the finishing touches on the 45 tonner and then getting back on the 100 tonner which has it's forward hood in primer and striped already. And if the weather cooperates, the Tidewater tank car will get in paint this year.

Later!
Mr. Ed

Man, once everything is all cleaned up and the museum drawing larger crowds, let's see how the mayor will get support to give you guys the boot...

Congratulations. That is superb work. I wish I could be alongside you doing it.

Bad news! We're locked out again! It seems that the orange snow fence that was erected by the township was to keep us out, not curious on lookers as suspected. We were under the impression the fence was erected to address liability issues. So it seems that the politicians in Pemberton cannot make up their minds. First they complained that the equipment looked bad. Then when we attempt to make the equipment look good, they respond by locking us out. But since we got the previous lock out lifted by court order, there are those that believe this lates move is actaully contempt of court. We'll find out when our attorney goes back to court with this newest harassment.

Later!
Mr. Ed

Well, you didn't say what they did, so I can't advise. Standard tactic in a situation like that, is for the bad guys to intimidate you in some calculated way that doesn't QUITE defy the court order (or the law), but causes you to become unsure. This breaks your confidence, causing you to voluntarily stop, voluntarily comply with their wishes out of fear of what they MIGHT do.

Then later they either deny it, or admit they "erred", or claim you are paranoid and you misconstrued an innocent action on their part. Meanwhile of course, you cannot recover the time. That's the point, that's how they win. They later lose in court, but they won in a real sense.

The only cure is defiance. Know the law, and tape record what they do so they can't deny it.

They sent a letter to our president stating that we trespassed on our equipment by circumventing the orange snow fence. Truly a violation of the court order lifting the original lock out which was illegal. The township administrator reads this site so I challenge him to respond to this latest illegal action. If he has the back bone.

Later!
Mr. Ed