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C~ <br /> <br />STATUS OF THE LAWSUIT <br />~~ <br />The City filed this suit against Southern Pacific <br />Transportation Company and its contractor, Dahlstrom Corpo- <br />ration, in August, 1973, for injunction against the continued <br />construction of a switchyard on the following grounds: <br />1. The zoning ordinance of the City does not <br />permit a switchyard, although it allows other <br />railroad facilities. Southern Pacific claims <br />that no zoning ordinance is applicable to <br />any of its operations. <br />2. The City claims that North "L" Street ex- <br />tends across the tract being used as a switch- <br />yard and that Southern Pacific has not obtain- <br />ed a franchise to cross the street with its <br />• tracks. Southern Pacific admits that it <br />has no franchise but claims that no street <br />exists at this point. Alternatively, the <br />City seeks to condemn the strip as a street, <br />and the railroad seeks to condemn the strip <br />for railroad purposes. Each denies that the <br />other has the power of condemnation under the <br />circumstances. <br />3. The City also contends that the railroad is <br />using North "P" street without a franchise <br />and, here, the railroad contends that it had <br />a prior permission from the Commissioners <br />Court. The City denies that this permission <br />has any validity so far as the City is con- <br />cerned. The railroad admits the existence <br />of this strip as a street and alternatively <br />seeks to condemn it and the City denies the <br />power of condemnation by the railroad. <br /> <br />