Lawyers representing Ozark have filed a lawsuit against the Union Pacific Corp. demanding the re-establishment of the street-level crossing that once connected the city to several miles of shoreline along the northern bank of the Arkansas River.
Christopher Brockett, a lawyer with the Little Rock-based Sayre & Brockett law firm, filed the civil suit Monday in Franklin County Circuit Court. The city hired Brockett and his partner, Eugene Sayre, last October to research the plausibility of suing the railroad over its 2001 removal of the crossing.
In May, Brockett mailed a "demand letter" to Union Pacific, threatening legal action against the railroad unless it restored the crossing -- or at least agreed to do so -- within 30 days. In an interview last week, Brockett said neither he nor the city received "any response whatsoever" to the letter from Union Pacific.
The suit stems from the railroad's refusal to reopen the street-level crossing at Oliver Street, which the city maintains was a public street that the railroad had no authority to alter. The crossing was the only paved connection between the southern edge of Ozark and several miles of Arkansas River shoreline that the city had leased from the U.S. Army Corps of Engineers in 2001, before the removal of the crossing. The duration of the lease was 25 years.
In 2007, Main Street Ozark commissioned a study from the Center for Business and Economic Research at the University of Arkansas at Fayetteville to determine the economic feasibility of constructing a riverwalk and marina on the leased shoreline. According to the study, a $10 million initial investment in the project would create 187 jobs and generate about $12.7 million in annual economic activity.
Over the course of its discussions with Ozark's city administrators, railroad representatives have maintained that their refusal to reopen the street-level crossing is a safety issue. The Union Pacific tracks running through Ozark are used by trains traveling from across the Midwest to rail yard hubs including Little Rock and Memphis, and trains are often traveling at speeds of 60 miles per hour.
For at least the past year, Union Pacific has kept one or more trains parked behind the Ozark train depot on one of the two rail lines on the southern edge of town. The train cars block vehicle access to the riverfront and the view of the river.
Union Pacific spokesman Jeff DeGraff said railroad administrators are reviewing documents relevant to the case but otherwise had no comment.
Ozark's lawsuit makes a case for eminent domain, arguing that the city can take possession of the crossing in the event the judge finds that the Oliver Street crossing is indeed the private property of Union Pacific. Brockett said the "doctrine of collateral estoppel" requires that the eminent domain argument be introduced with the current lawsuit, rather than be introduced in a later suit if the judge finds in the railroad's favor.
Ozark Mayor Carol Sneath said the city's goal isn't a large punitive damages award.
"We just want our crossing back," Sneath said.
Representatives with Friday, Eldredge & Clark, the Little Rock-based law firm representing Union Pacific, did not return calls for comment.
Lawyers for the defendant have 30 days to respond to the complaint. According to the Franklin County circuit clerk's office, the case is to be heard by Circuit Judge Dennis Sutterfield.
Metro on 08/14/2014