ROSEBURG, Ore. -- Governor Ted Kulongoski will not have to appear in a Douglas County Circuit Courtroom when the lawsuit between Central Oregon and Pacific Railroad (CORP) and the State of Oregon gets underway early next year.

CORP is suing the state to get them to release grant money to build a new switching yard in Winchester, Ore. just north of Roseburg.

They had asked that Governor Kulongoski be required to testify at the trial.

Judge Randy Garrison ruled Monday that the governor does not need to testify if  the governor's liaison on transportation issues, Stewart Warner can speak for the governor and talk about why the funding for the rail yard was pulled by the Oregon Transportation Commission last February.

CORP says the state pulled the $7.7 million funding that had been committed under the Connect-Oregon project because the Coos Bay line was shut down.

They are suing to get that money released so they can finish the switching yard, which would move the facility out of downtown Roseburg so the trains wouldn't clog up the crossing.