Number 600

Stewart Sterling located #600 saying, "Just found out more about ARR 600. It is being moved to 7830 Old Seward, which is Al's Alaskan Inn. It will mounted on a foundation (or pilings) minus trucks and used as an Arctic entrance to the business. It is going through the legal process of permitting now and will be moved as soon as everything is OK'd. Al's is a long established bar/nightclub/inn/motel that has been here as long as I can remember. When they are done moving it I will get a photo for you."

Here are Matt Leistico's April 2 photographs of number 600 getting ready for refurbishment at Al's Alaskan Inn.

[6/27/07] Allen Choy filed a court case on April 5, 2007 for Injunctive Relief and Damages against the Municipality of Anchorage (MOA) in regards to the placement of passenger car #600 at Al's Alaskan Inn. He had a hearing on June 15, 2007 in which the judge ruled that the most prudent and safe place for the train to be pending the final outcome of the trial is up on the permanent stanchions where it was designed to be placed. The trial will be held on January 14, 2008. Hopefully they will deliver and set-up the crane this morning (June 27) or tomorrow and do the installation on Thursday or Friday

City wins 2 rulings in train tiff with bar owner

AL'S ALASKA INN: The fate of the Alaska Railroad car to be decided at May 5 trial.

By BETH BRAGG

Published: February 18th, 2008 12:12 AM
Last Modified: February 18th, 2008 12:30 AM

Two rulings have all but derailed Allen Choy's plans to keep a small locomotive in the parking lot of his South Anchorage bar and his efforts to collect damages from the city.

One of the rulings against the owner of Al's Alaskan Inn will cost him the small locomotive in his parking lot.

The other will prevent him from collecting about a million dollars in damages he hoped to get from the city in his ongoing fight to keep the genuine Alaska Railroad car in his parking lot.

An administrative hearing officer has ruled that the small locomotive is advertising, not art, and therefore violates the city's sign ordinance and must be moved by March 1.

And a state Superior Court judge has ruled that state case law protects the city from Choy's monetary claims against it. Choy was suing for more than $1 million.

Robert Owens, a city attorney involved in both cases, said the decisions are victories for the city, if not for neighbors of Al's Alaskan Inn, who still see a giant elevated railroad car when they look out their windows.

"For the municipality, we avoided claims in excess of a million dollars," Owens said. "But for the neighbors of the bar, they're mostly interested in the train. So is it a win? It kind of depends on your viewpoint."

As for Choy, he keeps chugging along, despite the setbacks.

Choy said he plans to take the signs off the little locomotive that are the reason administrative hearing officer Tim Middleton ruled the small engine is advertising, not art.

And he's considering appealing the ruling on his lawsuit against the city.

Choy based his monetary claim on a building permit the city gave him in the spring of 2006, allowing him to put the full-sized train car in his parking lot.

The city later revoked the permit, citing two reasons: that Choy mischaracterized his intentions for the car, and that by putting it in the parking lot, Choy no longer had the necessary number of parking spaces as required by city law.

The city told Choy to get rid of the car, and Choy balked, sending the case to the courts. That's the issue scheduled to be decided at a May 5 trial.

In the meantime, Choy sued the city for damages he says he has incurred since acquiring the railroad car with the understanding he had a permit allowing him to make it part of his business.

Judge Stephanie Joannides ruled that state case law protects the city against monetary claims in matters that arise from a city's issuance -- and subsequent revocation -- of a building permit.

Her ruling was based on case law that involved a plaintiff who was denied damages in part because he didn't file for a zoning variance -- and therefore didn't exhaust all available administrative remedies -- before suing.

In Choy's case, a variance was sought and denied. An appeal would be based on that difference, Choy said. An appeal isn't certain, though, because Choy still has one more round in his fight with the city.

The big issue -- whether the Alaska Railroad car can stay or must go -- is scheduled to be decided at the May trial.

A settlement hearing on that case has been scheduled for March 3, and Choy -- who said his costs and losses amount to $1.5 million -- said he's willing to deal and compromise at that hearing.

"At this point, I would like to resolve the issue and make my money back over time," Choy said.

To do that, he'd like to turn the railroad car into a restaurant that doesn't serve alcohol and closes at 10 every night. Its working title: The Virtual Reality Tour Restaurant. Each table would be equipped with a small TV screen showing travel videos.

"The hostess seats you at Table 11, and you tell her you want the one-hour tour of Paris and off you go," he said.