The Fort Bragg City Council and dozens of residents engaged in a heated debate Monday night over whether to continue pausing litigation with the Mendocino Railway and pursue a master development agreement (MDA) to jointly develop the 400-acre oceanfront property that once housed the Georgia Pacific lumber mill.
In the end, the council voted to maintain the pause.
At the heart of the discussion is a bluff-top expanse, offering sweeping views of the craggy coast and the Pacific Ocean beyond. Control of this land is seen as key to shaping the future of Fort Bragg.
In 2021, the Press Democrat wrote that whoever controls the property "in effect holds title to the city's future." That statement came after the Mendocino Railway invoked eminent domain to acquire roughly 300 acres of the site for less than $2 million. The city challenged the railway’s authority to use eminent domain—a power generally reserved for municipalities, public utilities, and common carriers—leading to an ongoing legal battle.
City Manager Isaac Whippy explained why the city decided to pause litigation in December, emphasizing a more cooperative approach.
“We wanted to explore a more collaborative, less adversarial path—one that avoids the high cost of courtroom battles and holds greater promise for meaningful community outcomes.”
Whippy also argued that a master development agreement would provide the community with the control it seeks. “An MDA ensures that what's promised is actually delivered, with enforceable commitments and real consequences for non-compliance," he said. "It’s not just a handshake—it’s a legally binding roadmap. And yes, it’s enforceable in court. It also gives developers clarity, which helps them attract the investments needed to make the project a reality. In short, the MDA is our community's insurance policy, ensuring that the site is developed with significant community input and the benefits we expect.”
But not all residents were convinced.
Doug Hammerstrom, a former Fort Bragg councilmember and mayor, was among those who opposed stepping away from litigation. “You took a very principled stand in filing this lawsuit, and you’ve spent the money of Fort Bragg well in pursuing it. If you abandon that now, that money was for nothing, and I don’t think it should be.”
Others pointed out that neither the city nor the Mendocino Railway has presented a compelling vision for the property. John Gallo, a local resident, questioned the long-term impact. “What is the vision? What are the jobs? As the former mayor mentioned, what is the vision for employment? Because that’s what we need out there. We need to replace jobs. Building houses creates jobs, but those are short-term.”
Marcy Snyder, another resident, warned against trusting the Mendocino Railway, citing its past behavior. “I don’t think the city ever wanted to go to court. she said. "You just wanted them to get the appropriate permits so that you would have jurisdiction over a piece of property that is somewhere between one-quarter and one-third of the land area of Fort Bragg.”
Snider also pointed out that the California Coastal Commission will ultimately have to approve any development, a step she sees as a significant hurdle.
“I don’t think this plan is going to go forward because the Coastal Commission is not on board, and they have final say. Whether the railway wants to believe that or not, they are an excursion train—an entertainment train. They are not an interstate train, they do not operate outside of Mendocino County, and they refuse to get permits for anything they do. And they will fight, they will fight to avoid getting those permits. That’s why this lawsuit was necessary.”
Alex Helperin, assistant general counsel for the Coastal Commission, noted that until recently, the Mendocino Railway had not acknowledged the Commission’s jurisdiction.
“They never listed a single specific activity that they would concede as subject to Coastal Act review. Their consistent failure to acknowledge their Coastal Act obligations led us to believe that we needed to join the lawsuit.”
Planner Marie Jones acknowledged that the process remains contentious. “Not everybody at the table trusts each other yet, and that includes even those in our small group," she sad. "No one is certain how this will play out.”
Chris Hart, vice president of the Mendocino Railway, urged the city to move forward with a master development agreement.
“To move forward, the city and the community need confidence in the railway, just as the railway needs confidence in the city," Hart said. "It goes both ways. I feel that we’ve had a very good relationship for the last three months. It seems like a real waste for all of us to spend years fighting this at the local, federal, or even Supreme Court levels. There are a lot of people paying attention to this fight, and there are many parties beyond Fort Bragg who care about what happens here.”
The public portion of the meeting lasted for three and a half hours before the council moved into a closed session. After deliberation, the council decided to ask the judge to extend the litigation stay.
