(The following story appeared on The Ledger website on December 19.)
WINTER HAVEN, Fla. — A federal judge has refused the city of Winter Haven’s request to dismiss a lawsuit filed by 10 families seeking to block CSX plans to build a rail-transfer facility next to their homes in Sundance Ranch Estates.
But U.S. District Court Judge Susan C. Bucklew granted a motion to dismiss the suit filed by CSX that argued the families had sued the wrong company.
That ruling will not stop the challenge to the CSX project, said Brent Geohagan, the Lakeland lawyer who is representing the families.
The judge gave the residents until Dec. 31 to file an amended lawsuit including CSX Transportation as a defendant.
The case will be refiled, Geohagan said. He said it is simply a matter of adding
CSX Transpotration to the lawsuit and modifying some of the language.
Winter Haven and CSX officials could not be reached for comment Tuesday night.
The lawsuit had named CSX Real Property Inc., the railroad’s real estate affiliate, as well as the city of Winter Haven as defendants.
In its motion, the railroad argued that the land is being sold to CSX Transportation.
The residents had argued that CSX Transportation did not have to be included in the lawsuit because “CSXT and CSX RPI are, for all intents and purposes, the same.”
Because of that, the real estate affiliate could protect CSXT’s interests in the lawsuit.
The judge did not accept that argument, ruling that CSXT’s interests were threatened by the lawsuit to block the rail facility.
In its motion to dismisses, Winter Haven argued that the Sundance Ranch’s case is so vague that the city “cannot be reasonably required to respond.”
“Plaintiffs fail to identify what laws defendant has violated and, therefore, defendant cannot reasonably form a responsive pleading to the complaint,” the city’s motion said.
But the judge disagreed, and said in her order that the residents have demonstrated that there is a real controversy.
The judge also ruled that the city had failed to show beyond a doubt that the residents could not prove their case.
The case had originally be filed in Circuit Court in Bartow, but CSX successful moved the dispute to U.S. District Court in Tampa.
The battle is over the rail transfer facility CSX plans to build on 1,250 acres the city now owns.
The city has sold an initial 318 acres to CSX so the railroad can begin building the major rail center that would transfer cargo from rail cars to trucks.
The rest of the land will be sold later as development progresses.
Sundance residents and CSX have been wrangling for months.
Sundance is a rural subdivision of 5-acre lots south of Winter Haven off County Road 653. Many of the residents have horses and say they value the country atmosphere.
The families fear that the center will generate noise and light pollution, and some are upset with a berm CSX plans to build right next to their property.
The transfer center will be an inland port for freight coming from both coasts. The railroad also plans to construct an industrial park for companies who use rail services.
The residents have repeatedly asked the railroad to buy them out, but CSX has balked.