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VILLAGE OF BIG LAKE v. BNSF RY. CO., INC.

No. WD 74613.

382 S.W.3d 125 (2012)

VILLAGE OF BIG LAKE, Missouri, A Missouri Municipality, Appellant, v. BNSF RAILWAY COMPANY, INC., and Missouri Highways and Transportation Commission, Respondents.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied October 2, 2012.

Application for Transfer Denied November 20, 2012.

Attorney(s) appearing for the Case

Rex A. Sharp , for appellant.

John W. Koenig, Jr. , for respondent Missouri Department of Highway and Transportation.

Douglas R. Dalgleish , for respondent BNSF Railway Company.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, KAREN KING MITCHELL, Judge and CYNTHIA L. MARTIN, Judge.

VICTOR C. HOWARD, Judge.

The Village of Big Lake, Missouri, appeals the trial court's dismissal of its petition for injunctive relief against BNSF Railway Company, Inc., and Missouri Highways and Transportation Commission (MHTC). The judgment is affirmed.

Factual and Procedural Background

The Village of Big Lake, Missouri (Village), is a municipality located in Holt County, Missouri. BNSF operates a rail line within the southern border of the Village...

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