City of Belle Glade v. Florida East Coast Railway

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 a permit from the Department of Transportation. The trial court granted a permanent injunction in accordance with the prayer of the complaint and the City…