The Fillmore & Western Railroad (F&W), with the sound of its whistle and the sight of the tourists waving as the train crosses Highway 126, is now part of Fillmore and the charm that brings both tourism and new residents to town. But there is a legal battle that continues between Ventura Country Transportation Commission (VCTC) and F&W over the cost of maintenance that has left the future of the railroad in question.

Back in 2001 a 20-year maintenance contract between F&W and VCTC was agreed upon that stated VCTC would pay to maintain the tracks and that F&W could renegotiate some terms and conditions every three years. The contract was renegotiated in 2007 where it was agreed VCTC would pay $321,000 per year for F&W for maintenance.

There are six and a half years remaining on the original contract with both parties disagreeing for years on exactly what the contract represents. VCTC has a claim against F&W stating they have not fulfilled their part of the contract and a breach has occurred. The claim states the lines/track have not been maintained properly. F&W countered that railroad signals and crossings are not line maintenance and are VCTC responsibility. Superior Court Judge Rebecca Riley delayed the eviction until the latest appeal is resolved, which to date is in its fourteenth year of legal wrangling. Both parties will be back in court the second week of February as the battle continues.

The contract states that F&W will maintain the 30-mile rail line of track that runs from Ventura to the Los Angeles County line east of Piru. It was agreed that F&W would do the service maintenance, but not the cost of capital repairs; which F&W billed VCTC separately. The question of what is considered a capital repair created a huge difference of opinion between the two which VCTC maintains F&W is responsible for both. VCTC, which owns the line, has been trying to evict F&W and stopped paying for track maintenance in 2013, saying the line is too costly for the county to maintain.

F&W owner Dave Wilkinson disputes VCTC claims and maintains VCTC must honor the legal binding contract. Wilkinson, who said he has invested $2 million in F&W explained that maintenance is only part the cost of operating trains; there is also the cost of replacing parts and paying for fuel and oil that F&W pays for along with employees to run the train. According to Wilkinson VCTC is trying to force F&W out of business, "We have suffered such losses....Thomas the Train won't return until this legal court business in over....we've lost all our tour buses, and so many people think the train is shut down they don't bother coming."

The problems began years back when the VCTC hired So Pack Rail to upgrade the tracks west of Santa Paula from "excepted grade" to Grade 1. Excepted grade is the lowest of train track grades and trains must travel under 10 mph with no passengers, only freight. Grade 1 allows trains to travel 15 mph with or without passengers.

The track previously Excepted Grade, had been maintained by Southern Pacific Railroad. After the upgrade, Southern Pacific refused to maintain the Grade 1 track due to the increase in labor and added cost. Grade 1 requires the tracks be inspected two times per week, whereas the Excepted Grade requires only one inspection a week; basically half the labor.

At that time, the part of track running to the east, between Santa Paula and Fillmore, was being maintained by F&W and VCTC could not find a company to maintain the track north of Santa Paula. That was when, in 2001, VCTC went into the 20 year service maintenance contract with F&W to maintain the full 30 miles of track. Wilkinson maintains the contract does not cover the cost of capital repairs; which F&W billed VCTC separately. The capital repairs are such things as train signals and crossing guard rails.

Wilkinson is also dealing with Homeland Security, as worries of track maintenance and tampering by terrorists has become an even bigger issue. "They (Homeland Security) just contacted me last week. They do about four times a year now," Wilkinson stated, "That doesn't bother me."

At present Speers Plastic, which manufactures artificial turf and a large amount of irrigation, plumbing and fire protection products, is hauling freight on the Montalvo to Santa Paula line. The plant where the plastic are manufactured and shipped is still being upgraded and there is a likely need of the use of the track in the future.

Fillmore & Western's trains, trestles and railway line have been featured in more than 300 commercials, TV shows and films and have put both towns on the map as filming locations. According to Wilkinson his collection of antique trains is the largest in the country, maybe the world. That in itself adds value to tourism in both towns.

Both Santa Paula and Fillmore residents enjoy the charm the trains bring to their town and are cheering for success in court and a future of continuing to have the trains stay in their town.