The Kanawha Canal Bridge, as seen from its northern side. (BizSense file photo)
Residents of a secluded stretch of the Henrico riverfront are in a $2 million legal battle with railroad giant CSX.
At issue is the upkeep – or in this case, an alleged lack thereof – of the Kanawha Canal Bridge, a small crossing that’s the only way in and out of the island neighborhood for the few prominent Richmond families who live there.
The dispute came to light in a lawsuit filed in mid-February by Bradford Sauer, Meade Spotts, Thomas and Ann Gottwald and others.
Sauer is known locally for his family’s namesake spice and extract company, which is now owned by private equity investors, and its real estate holdings via Sauer Properties. Spotts is one of the namesakes of downtown law firm Spotts Fain. And Thomas Gottwald is CEO of petroleum additives company NewMarket, while Ann, his wife, owns The Georges boutique hotel in Lexington.
They each reside on a private, island-bound section of River Road, near its intersection with Huguenot Road across from River Road Shopping Center. It’s accessible only by traversing a small bridge that runs about 75 feet across the canal.
According to the lawsuit, the island was created as a result of the construction of the Kanawha Canal, which began in the 1780s and continued for decades. The canal was built by the James River and Kanawha Co.
The General Assembly, the lawsuit states, passed an act in 1832 requiring the deed holder of the canal to maintain the bridge.
In 1880, the James River and Kanawha Co. conveyed the canal and bridge to the Richmond and Alleghany Railroad Co. Various railroad deals through the decades made CSX a successor of R&A and, by extension, the owner of the canal and bridge. The lawsuit argues that the Florida-based company also inherited the responsibility of maintaining the bridge.
The original bridge across that section of the canal was destroyed in a flood in 1985. CSX built the replacement bridge by laying wooden planks atop an abandoned railway trestle, creating the version of the bridge that has been used ever since.
However, the island residents claim in their lawsuit that CSX has not kept the bridge in “proper repair” since 2004. That’s despite CSX regularly using the bridge to make repairs along the Williams Island bend in the railroad, the lawsuit claims.
The bridge is marked here with the red line near the top of the map. The residents’ properties are within the red highlighted boundary along the riverfront.
Worried about the state of the bridge, Sauer, at his own expense in 2022, hired infrastructure advisory firm Moffatt & Nichol inspect the bridge and prepare a report on its condition, the lawsuit states.
That report found the bridge’s piles to be in “critical condition” and that the bridge may need to be closed, according to the lawsuit. The report also found that the bridge’s retaining walls were in serious state of disrepair.
The plaintiffs say they relayed those findings to CSX that year, but no repairs have been made to-date. They argue it has further deteriorated since then.
“The Bridge’s condition makes it an ongoing hazard to the general public, the residents of the Island Parcels, and CSX’s own employees and contractors, who use the Bridge on a regular basis.”
The plaintiffs state they sent a formal demand to CSX last September, calling for the bridge to be repaired, however they claim that prior to the filing of the lawsuit CSX had “not provided a meaningful response.”
The lawsuit claims violation of the Act of 1832 and asks for a court order to force CSX to make the necessary repairs. The suit also alleges claim of public nuisance and negligence.
The suit cites a violation of Virginia code requiring “public service organizations,” of which it argues CSX is one, to “keep such wagonways in good repair.”
The plaintiffs ask the court to rule in favor of at least one of several options.
It asks for a three-person “board of commissioners” panel to determine the state of the bridge and whether CSX should be required by law to repair or replace it.
Next it asks for damages of no less than $2.5 million, which the plaintiffs would use to the make the repairs themselves.
Another option is for a special grand jury to investigate the issue as a public nuisance.
It also asks for additional damages of no less than $25,000 to reimburse Sauer for money he has put into the matter.
The bridge as seen from its southern end.
Other plaintiffs in the case are island resident Marcella H. Bullock and Picket Holdings LLC, an entity that appears to be tied to Spotts and also owns a nearby parcel with a Hugeunot Road address. The lawsuit states that Spotts and Sauer jointly own the access road leading up to the bridge.
Two months into the case, the residents’ lawsuit seems to have had struck a chord.
CSX’s attorneys, in an April 4 court filing, state that, “Prior to Plaintiff’s filing of this suit, CSX had planned to make repairs to the Bridge.
“CSX intends to initiate those repairs within the next 30 days, and expects those repairs to be completed within sixty days after they begin,” it states.
The filing adds that attorneys from both sides have discussed the repairs and the timeline and suggests that the repairs may help resolve the case. CSX also asked for a 90-day extension to file its formal response to the allegations.
“The extension would allow the parties an opportunity to assess their respective positions after the planned repairs are completed, and potentially facilitate a resolution or narrowing of this dispute,” it states.
CSX declined to comment for this story. The company is represented by attorneys Michael Finney and Emily Mordecai from the Gentry Locke law firm.
The plaintiffs are represented by Jamie Wisegarver and Connor Bleakley of Hirschler, who also declined comment.
Correction: An earlier version of this article incorrectly identified two of the plaintiffs as defendants. The story has been updated accordingly.
The Kanawha Canal Bridge, as seen from its northern side. (BizSense file photo)
Residents of a secluded stretch of the Henrico riverfront are in a $2 million legal battle with railroad giant CSX.
At issue is the upkeep – or in this case, an alleged lack thereof – of the Kanawha Canal Bridge, a small crossing that’s the only way in and out of the island neighborhood for the few prominent Richmond families who live there.
The dispute came to light in a lawsuit filed in mid-February by Bradford Sauer, Meade Spotts, Thomas and Ann Gottwald and others.
Sauer is known locally for his family’s namesake spice and extract company, which is now owned by private equity investors, and its real estate holdings via Sauer Properties. Spotts is one of the namesakes of downtown law firm Spotts Fain. And Thomas Gottwald is CEO of petroleum additives company NewMarket, while Ann, his wife, owns The Georges boutique hotel in Lexington.
They each reside on a private, island-bound section of River Road, near its intersection with Huguenot Road across from River Road Shopping Center. It’s accessible only by traversing a small bridge that runs about 75 feet across the canal.
According to the lawsuit, the island was created as a result of the construction of the Kanawha Canal, which began in the 1780s and continued for decades. The canal was built by the James River and Kanawha Co.
The General Assembly, the lawsuit states, passed an act in 1832 requiring the deed holder of the canal to maintain the bridge.
In 1880, the James River and Kanawha Co. conveyed the canal and bridge to the Richmond and Alleghany Railroad Co. Various railroad deals through the decades made CSX a successor of R&A and, by extension, the owner of the canal and bridge. The lawsuit argues that the Florida-based company also inherited the responsibility of maintaining the bridge.
The original bridge across that section of the canal was destroyed in a flood in 1985. CSX built the replacement bridge by laying wooden planks atop an abandoned railway trestle, creating the version of the bridge that has been used ever since.
However, the island residents claim in their lawsuit that CSX has not kept the bridge in “proper repair” since 2004. That’s despite CSX regularly using the bridge to make repairs along the Williams Island bend in the railroad, the lawsuit claims.
The bridge is marked here with the red line near the top of the map. The residents’ properties are within the red highlighted boundary along the riverfront.
Worried about the state of the bridge, Sauer, at his own expense in 2022, hired infrastructure advisory firm Moffatt & Nichol inspect the bridge and prepare a report on its condition, the lawsuit states.
That report found the bridge’s piles to be in “critical condition” and that the bridge may need to be closed, according to the lawsuit. The report also found that the bridge’s retaining walls were in serious state of disrepair.
The plaintiffs say they relayed those findings to CSX that year, but no repairs have been made to-date. They argue it has further deteriorated since then.
“The Bridge’s condition makes it an ongoing hazard to the general public, the residents of the Island Parcels, and CSX’s own employees and contractors, who use the Bridge on a regular basis.”
The plaintiffs state they sent a formal demand to CSX last September, calling for the bridge to be repaired, however they claim that prior to the filing of the lawsuit CSX had “not provided a meaningful response.”
The lawsuit claims violation of the Act of 1832 and asks for a court order to force CSX to make the necessary repairs. The suit also alleges claim of public nuisance and negligence.
The suit cites a violation of Virginia code requiring “public service organizations,” of which it argues CSX is one, to “keep such wagonways in good repair.”
The plaintiffs ask the court to rule in favor of at least one of several options.
It asks for a three-person “board of commissioners” panel to determine the state of the bridge and whether CSX should be required by law to repair or replace it.
Next it asks for damages of no less than $2.5 million, which the plaintiffs would use to the make the repairs themselves.
Another option is for a special grand jury to investigate the issue as a public nuisance.
It also asks for additional damages of no less than $25,000 to reimburse Sauer for money he has put into the matter.
The bridge as seen from its southern end.
Other plaintiffs in the case are island resident Marcella H. Bullock and Picket Holdings LLC, an entity that appears to be tied to Spotts and also owns a nearby parcel with a Hugeunot Road address. The lawsuit states that Spotts and Sauer jointly own the access road leading up to the bridge.
Two months into the case, the residents’ lawsuit seems to have had struck a chord.
CSX’s attorneys, in an April 4 court filing, state that, “Prior to Plaintiff’s filing of this suit, CSX had planned to make repairs to the Bridge.
“CSX intends to initiate those repairs within the next 30 days, and expects those repairs to be completed within sixty days after they begin,” it states.
The filing adds that attorneys from both sides have discussed the repairs and the timeline and suggests that the repairs may help resolve the case. CSX also asked for a 90-day extension to file its formal response to the allegations.
“The extension would allow the parties an opportunity to assess their respective positions after the planned repairs are completed, and potentially facilitate a resolution or narrowing of this dispute,” it states.
CSX declined to comment for this story. The company is represented by attorneys Michael Finney and Emily Mordecai from the Gentry Locke law firm.
The plaintiffs are represented by Jamie Wisegarver and Connor Bleakley of Hirschler, who also declined comment.
Correction: An earlier version of this article incorrectly identified two of the plaintiffs as defendants. The story has been updated accordingly.
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Richest people in Richmond refusing to pay anything for infrastructure, even if they are the only ones who use it.
Meanwhile the potholes on Monument, the bridges across 64 and 95, and the schools in Richmond and Petersburg can rot.
If a private entity violates a contract, a society based on the rule of law should rule without prejudice. Are you assuming that people only become wealthy by violating the law? And that they should then not be protected by the law? The city actually does much better with the pavers on Monument than on Chimborazzo Blvd but a just solution would be to maintain Monument even better and Chimborazzo just as well. Not to deny infrastructure repairs to Monument and patch Chimborazzo.
Are you assuming that people only become wealthy by violating the law? And that they should then not be protected by the law?
why would any sane person think that was my point?
That’s how the rich stay rich.
The plaintiffs can’t repair the bridge as it’s not on their property. This has nothing to do with potholes on the interstate or Richmond schools which are funded by state and local government. This is an agreement between two private parties and the one responsible for bridge maintenance has failed to live up to their responsibility. As much as you may want this to be about class warfare, it’s not.
I don’t belive CSX is in charge of fixing potholes or the items you complain about. I guess you just want to point a finger at the “rich”?
Its like you read the story you wanted to be written and inserted the facts you wish existed and not the actual story and facts.
First world problems. Why is this ‘business’ news the rest of us should care about?
This. Personal news relevant to only a handful of people, but some flashy names were involved so I guess that made it newsworthy? Sigh.
Wait, is a story about CSX, a fortune 500 company that until 2003 was headquartered in Richmond, not within the purview of Rich Biz Sense?
That’s a stretch. They have a larger toilet paper budget than what the bridge repair will cost them.
This article has nothing to do with anything actually business related for CSX and the great Richmond community.
Wow. We have really hit a low point in society when we have fellow Richmonders fighting it out with a Fortune 500 company and, in a case where it’s very clearly on the company to do the right thing, citizens are brushing the issue aside simply because the affected folks happen to be wealthy. Pathetic and wreaks of jealousy, as if wealthy folks shouldn’t be protected from multibillion dollar corporations. We can talk about the wealth disparity issue in this country, but this isn’t the forum and that should have no bearing on CSX’s responsibility here.
I lived in a development along the Intracoastal, across from Topsail Island, NC. Our roads were privately owned.. I got elected to the HOA board, and the first thing we did was deed our roads to the state. Fortunately they were compliant with engineering standards, so we could do that. I can tell you that private ownership of critical infrastructure where you live is one of the financially scariest propositions a homeowner can face. In this case, the Richmond elite are helped by their private owner having very deep pockets.
A lot of the none public roads are nothing but trouble for the local counties in that people don’t want to pay to fix them and they become nightmares when say someone wants to open a business that adds 30 to 50 people driving on a none public road who don’t live in a neighborhood.
Railroad needs to replace or make improvements to the bridge according to the law or Act.
CSX had over 5 billion dollars in stock buybacks. They should fix it in that a contract from 1837 is a pretty long one. They should build a concrete bridge or steel and then give it over to the state. In that vdot has a law if a road has 3 or more homes on it and it’s built to state standards it can be taken over by the state highway system.
So your solution to wealthy people having a dodgy bridge is to get ALL tax payers to pay for it?
You do not seem to understand that CSX is a private company, and that payments by private companies are not funding by public tax dollars.
Pretty sure Ed was responding to the suggestion of giving the bridge to the state so the state would be responsible for future maintenance.
Question, Ed. What is the maximum amount of income someone can make before you’ll insist their issues shouldn’t matter?
That bridge was part of the rail line that delivered coal to URs power plant. Before the trail that goes between CCV and UR was cleaned up you could see remnants of the rail spur and before the parking lot at the power plant was repair there was still rails in the old concrete.
Polar Vale Cemetery that is inside Byrd Park had a similar issue. The cemetery land is city owned but the Robinson – Shields family cemetery plot is owned, controlled, and maintained by Aquia Church in Stafford (family was member want rode in carriages each Sunday to it) under a trust maintained by Bank of America Trust (old Bank of Mellon/NY) that came from CSX (old Seaboard account). It was not being maintained so we had to get 10 neighbors to file a notice with the circuit court. Wall repairs, bench replacements, and cleaning in the cemetery happened a week after… Read more »
Where is a cemetery in Byrd Park?
Never mind. I found it next to the old round house thanks to bing search.
According to the article, “CSX regularly using the bridge to make repairs along the Williams Island bend in the railroad, the lawsuit claims.”. Are those CSX vehicles heavier, work vehicles which do as much, if not more, to undermine the integrity of the bridge than the residents’ use? It’s CSXs bridge. They should repair it.
Yes,the existing bridge is a safety hazard.Somebody could get seriously hurt.
According to some in this thread, the residents make too much money for this to be an issue any of us should care about. So sad this is where we’re at as a society.
funny. I was working for the company who last did repairs in 2004 and I was assigned to that project. that company is not around anymore.