Gluck v. Terminal Railroad

WELLIVER, Judge.

This is an appeal from a trial court order mandating that appellant, Terminal Railroad Association of St. Louis (TRRA), alter its existing culvert at its right of way on West Point Drive at the East Fork of Black Creek in Maplewood, Missouri. Respondents initiated this equitable action under § 389.660, RSMo 1978 seeking a mandatory injunction against appellant. The trial court issued the injunction. On appeal, appellant’s principal argument is that § 389.660 is superseded by the adoption of the Metropolitan St. Louis Sewer District (MSD) and does not apply in St. Louis County.…