BISMARCK, N.D. (AP) — The North Dakota Attorney General’s Office has again refused to get involved in a dispute over the ownership of the historic Bismarck-Mandan Rail Bridge which BNSF Railway is planning to raze.

The nonprofit group, Friends of the Rail Bridge, believes the state owns the 139-year-old structure, which would require the State Historical Society to determine its historical significance, a decision that could stop demolition. State Sen. Tracy Potter asked Attorney General Drew Wrigley for an opinion, but Wrigley declined.

BNSF Railway, which plans to build a new bridge, has called the claim of state ownership “absurd.” The nonprofit group asked for an attorney general’s opinion earlier this year, but Assistant Attorney General Carl Karpinski determined one was not warranted.