HUNTINGTON – A couple is suing CSX Transportation after they claim it has failed and refused to abide by a court order in a 2011 lawsuit.

Three unknown and unnamed individuals were also named as defendants in the suit.

William Douglas Brown and Brenda Harriet Brown are the owners of certain property in Henderson, the title to which property was acquired as a result of a partition action, according to a complaint filed Feb. 26 in Mason Circuit Court and removed to federal court on March 30.

The Browns claim CSX is the owner of the railroad line that runs through Henderson and during the 2011 partition action, the circuit court divided multiple pieces of property co-owned by the Browns and their uncle, Smith McCausland.

After the circuit court’s final order in the 2011 lawsuit, the Browns contacted CSX to discuss obtaining access that the court had ordered and after more than 20 phone calls and e-mails, CSX sent the Browns’ attorney an e-mail and associated letter that stated that the installation of a railroad crossing in the area would not be feasible and would be potentially unsafe for ingress and egress due to the topography of the land.

“In the interest of the safety of the public as well as our railroad operations, we suggest that your client seek alternate access to and from its property that does not involve crossing the railroad corridor,” the letter stated.

The Browns claim CSX’s decision to not comply with the court’s order has left the Browns with landlocked, valueless land.

The Browns are seeking for the court to make a determination declaring whether or not the Browns have legal access across the CSX railroad line in Henderson and if they do, then make a determination as to whether or not such an access is possible and/or feasibly and/or potentially unsafe for ingress and egress due to the topography of the land.

The Browns are represented by Robert W. Bright. CSX is represented by James W. Turner, Robert Edward Ryan and Jessica L. Wiley of Steptoe & Johnson PLLC.

U.S. District Court for the Southern District of West Virginia case number: 3:16-cv-02996

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Steptoe & Johnson PLLC

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