CP Rail applied for an adjournment of the appeal hearing, which was scheduled to be heard with Appeal No. 98-PES-07, asking that it be postponed for four weeks because it had agreed to sell the railway to Rail America. The Appellants opposed the application, arguing that they would suffer inconvenience and added costs if the hearing was delayed. The Respondent had no objection to an adjournment.
The Board granted the adjournment, finding that a short adjournment would not seriously prejudice the Appellants’ case. Further, the permit had already been stayed until after the Board made a decision on the merits of the appeal (see 98-PES-07(a)). Conversely, the permit holder (the new owner) could be seriously prejudiced if not given adequate time to prepare for the appeal. The application was allowed.
