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February 2, 2006End of the line for rail carsCity blows its whistle, seeking their removalTRAVERSE CITY - Two railroad cars remain on property near Lake Avenue that the city wants cleaned up.The city in October filed suit against the railroad vehicle owners to force removal of a "public nuisance" that others call an eyesore. Soon after, the Clinton County Arts Council hauled away its rail car and was dropped from the suit. But a green box car and a blue Leelanau Scenic Railroad diesel engine remain at the site, tucked behind the Oryana Natural Foods Market. Deputy city attorney Karrie Zeits said the engine's owners, Great Lakes Locomotive, plan to move it by April 15. "We have a good agreement with them," she said. The city hasn't made as much progress to remove the box car, owned by Robert Carr, who's another defendant in the suit. The city, in court filings, said Carr did not return cell-phone messages left in an attempt to serve him with the lawsuit. The court allowed the city to serve the suit through a public notice and by mail to his last known address. Carr has until Feb. 20 to respond after which the city can begin legal proceedings to get rid of the box car, Zeits said. Carr said Wednesday he has been traveling out of the area and caring for an ill person. "I am not trying to avoid the city," he said. The box car could be scrapped, but Carr said he's "trying to preserve a piece of history." He said the arts council that took the rail car is also interested in the box car but the deal got tangled up by the litigation. The green car dates to 1926 and was used on area railroads, Carr said. The railroad vehicles are not to blame for debris that piled up in the area, he said, adding the city should focus its attention on property owners. Since 2003 the city documented a number of attempts - some successful - to relocate the railroad cars and fix up the area. City commissioners authorized litigation last fall, alleging the railroad vehicles "interfere with the public health, safety, peace, comfort and convenience." See related story:
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