Amador County – Amador County has prevailed in civil court and cleared the way to sell the replica train engine and coal car, the “Amador Cannonball,” which has been housed at the Amador County Museum grounds since 1980.

Amador Superior Court Judge Susan C. Harlan on Oct. 17 denied plaintiffs John Queirolo and Diane Bennett’s request for provisional relief in a preliminary injunction to halt the sale.

Former Museum Curator Georgia Fox said Thursday: “I’m really sad. I’m really upset,” after hearing the news. She said she was not allowed to be subpoenaed to testify, though Queirolo and his daughter, Diane Bennett were planning to subpoena her.

Boy Scouts restored the replica train before, Fox said, and she had talked to a group of scouts about restoring it again, before Supervisors were approached about the train by a Colorado non-profit. She said the issue did not have another hearing that she knew of. Fox said: “It’s really too bad that the supervisors let this happen.”

Judge Harlan heard the case Sept. 15, when, according to the docket, plaintiffs Queirolo and Bennett gave arguments, and Deputy County Counsel Jennifer Magee argued on behalf of the defendants, Amador County and the Board of Supervisors.

On Aug. 24, visiting Judge Thomas Kolpacoff, held a hearing, for which minutes said discussion ensued “regarding ownership of the train in question.” Sides also discussed the County’s “Exhibit A, Letter from Finegold’s Wholesale Distributors dated March 12, 1980.” The court found that giving the train “to the care and custody of the Amador County Museum” did “not mean title has changed and title was given to Amador County.”

Kolpacoff granted “the temporary restraining order” to be “only in effect until the next hearing, Sept. 15.”

Amador County was “restrained and enjoined from selling, attempting to sell, or causing to be sold the Train,” and were “restrained and enjoined from actions to facilitate to move or participate in moving of the Train pending the next hearing,” with the hearing continued to Sept. 15.

Harlan heard the case Sept. 15, including Magee making “an offer of proof” regarding testimony by John Hopkins, director of County General Services. The ruling followed a month later in Amador County’s favor, while the restraints remained in place against the train’s sale or moving.

The county in April heard from Durango Historic Railroad Society of Durango, Colorado, which wanted to purchase the train. They know the train as the “Emma Sweeney,” from a film made in Durango. The society pledged donation of $5,000 to the Amador County Museum in exchange for donation of the train to the Colorado non-profit. Queirolo in August told Supervisors he had a $5,000 check for the train, but did not offer the check to supervisors.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.