ROANOKE TIMES Copyright (c) 1996, Roanoke Times DATE: Thursday, August 8, 1996 TAG: 9608080019 SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY DATELINE: CHRISTIANSBURG SOURCE: KENNETH SINGLETARY
The town is threatening a lawsuit against Norfolk Southern if the railroad doesn't muzzle its trains at the Chrisman Mill Road crossing.
Town Attorney William McGhee said Tuesday he is ready to file suit against the carrier, which has continued to allow its trains to sound their horns at the crossing, even after the town in March banned train horns there and reaffirmed the ban in July.
Residents of Diamond Point subdivision, one of the town's most expensive, have complained about the noise and turned out in force again at Tuesday's meeting.
But the issue could be moot as soon as November, when federal regulations requiring trains to sound their horns at crossings within town limits may take effect.
The regulations allow for an exemption if both the locality and carrier ask for one. McGhee said NS has implied that it will not ask for an exemption in November if it is sued now.
"We as a town and you as citizens over there may be cutting your nose off to spite your face," he said.
F. Blair Wimbush, an attorney for NS, would not comment on the possibility of an exemption.
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