★ ENTERED INTO THE RECORDCASE NO. 1 · THE SKUNK FILESJURISDICTION: MENDOCINO CO., CALIF.EVERY CLAIM FOOTNOTED TO THE PUBLIC DOCKET★ ENTERED INTO THE RECORDCASE NO. 1 · THE SKUNK FILESJURISDICTION: MENDOCINO CO., CALIF.EVERY CLAIM FOOTNOTED TO THE PUBLIC DOCKET
Polecat Press Put the Ink to the Stink

Case No. 1 · The Skunk Files

The Record How a tourist train seized a coast, laid out from the public file.

Public Record

Skunked is a documentary comic. This page is its footnotes, in plain sight: the sequence of the fight, the cases and dockets it rests on, and where to check every line of it yourself. It adds nothing the public record does not already say.

Petitioner
A tourist railroad
At Stake
A public coastline
Span
2020 – 2026
Source
The public docket

What the case turns on

The Skunk Train is a tourist railroad on the Mendocino coast. To take land it does not own, a railroad has to be a public utility, a common carrier that holds itself out to serve the public. In 2020 the Mendocino Railway moved to seize a private parcel in Willits by eminent domain. A trial judge looked at a business running almost entirely on excursion tickets and ruled it was not a public utility, so it could not take the land. In late 2025 a state appeals court reversed, holding that public-utility status turns on the character of the service, not its size. While that question moved through the courts, the company assembled a former Georgia-Pacific mill site and a long run of the Fort Bragg waterfront.

The sequence

  1. 1885C.R. Johnson opens the Fort Bragg sawmill and lays out the town. The original company town is born; it incorporates in 1889.
  2. 2002Georgia-Pacific closes its Fort Bragg mill, idling roughly 272 acres of oceanfront.
  3. February 2004The California Western Railroad, the historic Skunk Train operator, is in Chapter 11 bankruptcy. A federal bankruptcy court authorizes the sale of its assets out of the estate.N.D. Cal. Bankruptcy, sale order Feb. 11, 2004
  4. April 2004Sierra Railroad (the Hart family) buys the line out of that bankruptcy estate, forms the Mendocino Railway, and takes the land under all 40 miles of track.STB Finance Docket FD 34465; deeds 2004-08199 / 08200
  5. 2018 – 2019The first downtown and mill parcels are acquired, including a Skunk-line parcel from Chris Baldo and the Georgia-Pacific mill-site parcels.Recorder Doc. 2018-04239; 2019-07030
  6. December 2020The railway files an eminent-domain action to take John Meyer's 20-acre parcel in Willits, citing a planned transloading facility.Doc. 2020-17872
  7. November 2021The railway completes its roughly 272-acre mill-site purchase.
  8. August 2022The railway files its own federal suit against Fort Bragg and the Coastal Commission, asserting federal preemption.
  9. April 2023Judge Jeanine Nadel rules for Meyer: at roughly 90% excursion revenue the railroad is not a public utility and cannot take the land. About $265,000 in fees is awarded to the landowner.Mendocino Railway v. Meyer, Mendocino Cnty. Super. Ct., Apr. 19, 2023
  10. August 2024The Ninth Circuit affirms dismissal of the railway's federal suit on abstention grounds, without reaching the preemption question.Mendocino Railway v. Ainsworth, No. 23-15857
  11. September 2025The Surface Transportation Board confirms the railway is a Class III common carrier despite minimal freight.STB Finance Docket FD 36868
  12. December 2025 – January 2026A state appeals court reverses the Meyer ruling: public-utility status turns on the character of service, not its extent. Days later, parcels are deeded into a new holding company.Mendocino Railway v. Meyer, No. A168497 (Cal. Ct. App.)
  13. February 2026The STB denies the petition to abandon the Fort Bragg line; the corridor stays in the national rail network.STB AB 1305 (Sub-No. 1)
  14. April 2026A railway holding company buys the Union Lumber Company Store from a family trust. The loop closes where it began.Doc. 2026-03605

The public record

The binding legal authorities the book rests on. Dockets can be verified through the California Courts appellate portal, federal PACER, and the Surface Transportation Board's online docket.

Cases

Mendocino Railway v. Meyer (Cal. Super. Ct., Mendocino Cnty., Apr. 19, 2023) (Nadel, J.). Judgment for the landowner; the railway was found a private excursion carrier, not a public utility.

Mendocino Railway v. Meyer, No. A168497 (consol. A168959) (Cal. Ct. App., 1st Dist., Div. One, filed Dec. 9, 2025; certified for publication Jan. 7, 2026), reversing the trial court. Read the opinion.

Mendocino Railway v. Ainsworth, No. 23-15857 (9th Cir., Aug. 29, 2024), affirming dismissal under the Colorado River abstention doctrine; petition for certiorari filed (U.S. No. 24-986). Ninth Circuit opinion (PDF).

Administrative proceedings

The Great Redwood Trail Agency's petition for adverse abandonment of the Mendocino Railway line, STB Docket No. AB 1305 (Sub-No. 1). Filed Apr. 2024; denied Feb. 2026. Federal Register notice · STB decision (PR-26-04).

STB Finance Docket No. FD 36868 (served Sept. 26, 2025), confirming Class III common-carrier status. STB Finance Docket No. FD 34465 (2004), the original acquisition out of the California Western Chapter 11 estate.

Property records (Mendocino County Recorder)

Recorded deeds by document number: founding conveyances 2004-08199 / 2004-08200; Baldo parcel 2018-04239; Georgia-Pacific mill parcels 2019-07030; Meyer lis pendens 2020-17872; intercompany transfer 2022-1392713930; holding-company reorganization 2026-0075400760; Union Lumber Company Store 2026-03605.

Statutes

Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. § 10501(b) (exclusive federal jurisdiction; preemption) and § 10903 (abandonment). California Public Utilities Code (common-carrier definitions); California Coastal Act of 1976, Pub. Res. Code § 30000 et seq.

Press & further reading

A note on sources

This book is editorial commentary in graphic-novel form. Its factual basis is the primary public record: publicly filed court documents, published judicial opinions, and administrative rulings of the federal Surface Transportation Board, together with statements of public officials and contemporaneous local reporting. The public-document archive at savenoyoheadlands.org was used as a secondary research source.

Dialogue inside courtrooms, depositions, and public proceedings is paraphrased from the public record and identified in the per-page citation footer. Off-record interactions, inner monologue, and dramatized scene-setting are the author's interpretation, signaled by the absence of a docket citation on that page. All persons named are public participants in matters of public concern. This work has not been authorized by Mendocino Railway, the Skunk Train, the City of Fort Bragg, the California Coastal Commission, the Great Redwood Trail Agency, or any named individual.

Citizen Skunk

Check it yourself

You do not have to take a skunk's word for any of this. The whole point is that you can pull the files.

The fight is still live, in public bodies that meet in public: the City of Fort Bragg, the California Coastal Commission, and the Great Redwood Trail Agency. Their agendas and records are open. Read them.

Skunked cover (Exhibit A)
The whole file,
bound.

Forty-four pages, every panel footnoted. Acquire the file →