(The following story by Fanny S. Chirinos appeared on the Corpus Christi Caller-Times website on February 6, 2009.)
CORPUS CHRISTI, Texas — A decision might come as early as next week in the Port of Corpus Christi’s lawsuit against railroad companies Kansas City Southern and Texas Mexican Railway Co.
The port is seeking an injunction that would hold off arbitration requested by the companies. The railroad companies claim that when port officials removed the Tule Lake Lift Bridge in 2007, they broke agreements signed in 1960 and 1997 that the port would maintain the bridge.
Arbitration is a dispute resolution called for under the contracts that would be final and legally binding. The port’s court action, if accepted by District Judge Tom Greenwell, would stop the arbitration process.
At a hearing in the 319th District Court, Greenwell said his decision could come as early as next week.
The bridge, which provided rail access from the north side to the south side of the Corpus Christi Inner Harbor, was closed to rail traffic in September 2007 when the Joe Fulton International Trade Corridor opened. The corridor is an almost 12-mile road and rail route that provides access to previously inaccessible land along the Inner Harbor.
Since the bridge’s removal, the companies, in order to get to the rail yard near Corpus Christi International Airport, must travel past the site of the lift bridge, go around the Viola Turning Basin and double back on tracks owned by Union Pacific Railroad. The additional 9-mile trek and additional fees are the main issues.
“KCS is incurring more expense in its operations because it no longer has access to the bridge,” said Jorge Rangel, an attorney for KCS. “The port reneged on promises it made and agreed to in writing. This raises the question on whether the port is going to keep its commitments it agrees to in writing.”
Rangel added that the railroad wants compensation for the broken promise, but dollar amounts have not been discussed.
“That is something that would be discussed in arbitration,” he added.
Darrell Barger, an attorney for the port, did not return calls on Thursday afternoon.