I still think the Creede line could become a pleasant ride along the Rio Grande. In my opinion (yeah, I know) Don should let operation into Creede go for now. Even if he gained the "right" to run into Creede, who wants to go where they are not wanted. By all means I think the legal issues should be settled if possible, but I would not force my way into Creede. Fix up the Creede facilities, and maintain the track, and wait for a more favorable atmosphere in Creede. Work on public relations. In the mean time, run to Wagon Wheel Gap and back. Offer packages for fishing, picnics, trailheads (if there are any along the line). Build up the friendly (South Fork) end of the line and offer short trips for passers by who don't want to invest time in a long trip. I say forget the conversion to ng or 3r, at least for now, and offer a pleasant ride along the Rio Grande.
Just my opinion.