Village of Silver Lake v. Metro Regional Transit Authority

Summary

The Ohio Supreme Court held that a regional transit authority had statutory authority to lease an acquired railroad line for operation of a dinner-excursion train while the line was being held for future transit use. The court concluded that Ohio Revised Code 306.35(G) and (J) independently authorized the lease and affirmed the court of appeals.

Holdings

1. A regional transit authority may lease a transit facility held for future use when the lease is considered necessary to accomplish the purposes of the authority's organization. The Akron Secondary qualifies as a transit facility because it is a rail line acquired to preserve a potential future commuter rail line, even though it is not currently used for regularly scheduled mass movement of passengers.
2. Even if the Akron Secondary were not considered a transit facility, R.C. 306.35(J) independently authorizes Metro to lease the railroad right-of-way and rail line for the protection or improvement of, and access to, transit facilities, or for any other necessary purpose.
3. Metro's authority to lease the Akron Secondary was not restricted to property being used only as a transit facility for regularly scheduled mass passenger movement. The statutes independently authorized the lease for future-use purposes and for protection, improvement, access, or another necessary purpose.

Questions Presented

1. Whether R.C. 306.35(G) authorizes a regional transit authority to lease a rail line and right-of-way held for future transit use for operation of a dinner-excursion train.
2. Whether R.C. 306.35(J) independently authorizes a regional transit authority to lease its railroad real property for the protection, improvement, or access to transit facilities, or for any other necessary purpose.
3. Whether Metro's statutory authority to lease the Akron Secondary depends on the dinner train itself qualifying as a transit facility.

Disposition

affirmed