(The Associated Press circulated the following story on February 11.)
JACKSON, Miss. — Mississippi Export Railroad Co. says it will appeal a judge’s ruling that it must reopen a crossing to the property of business owner Mac Rouse.
George County Chancery Judge Jaye Bradley recently ruled in favor of Rouse’s challenge to the closing of the crossing. She refused to award any monetary damages.
Rouse, owner of Deep South Nursery in Agricola, sued last year. He claimed his property had been landlocked since April 2003 when the crossing off Mississippi 613 was closed. He claimed he lost more than $100,000 in land and plants.
Mississippi Export is one of eight shortline railroads in Mississippi. The Moss Point-based railway operates a 42-mile line from the Evanston community to Pascagoula. It connects the Canadian National Railroad to the CSX Transportation line.
Mississippi Export closed at least 15 crossings along Mississippi 613. Company officials said the crossings were closed in the interest of public safety.
Mississippi Export offered Rouse a 20-foot easement to access the property from a side road, but Rouse said the easement wasn’t large enough for a tractor-trailer to enter the property.
Raymond Brown, attorney for Mississippi Export, said the company would appeal the ruling to the Mississippi Supreme Court.
“This ruling will be of interest and have an effect on many other smaller railroads,” Brown said.
In her ruling, Bradley said the crossing near Rouse’s nursery had been in the same location for at least 50 years. She said Rouse bought the property in March 2000 and the tractor-trailer traffic was important to his ability to sell and transport his products.
The judge said Mississippi Export’s motive for removing the crossing was for safety and liability reasons. She said the railroad’s offer of an alternative access to the property contradicted Rouse’s claims of maliciousness.