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CITY OF BELLE GLADE v. FLORIDA E.C. RY. CO.

No. 76-83.

344 So.2d 873 (1977)

The CITY OF BELLE GLADE, Florida, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

March 18, 1977.

Attorney(s) appearing for the Case

John E. Baker, Belle Glade, for appellant.

Paul B. Erickson of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, for appellee.

DOWNEY, Judge.

Florida East Coast Railway Company sued the City of Belle Glade to enjoin the City from constructing and maintaining a railroad crossing across the railway's right-of-way in the City of Belle Glade without complying with the provisions of Section 338.21, Florida Statutes (1973)1. The Railway contended that before the City could open such a crossing Section 338.21(3), Florida Statutes (1973), required it to apply to and obtain...

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