Wichita Terminal Ass'n v. F.Y.G. Investments, Inc.

Bruns, J.:

This is the third appeal in a dispute over access to real property. The Wichita Terminal Association, Burlington Northern & Santa Fe Railway Company, and Union Pacific Railroad (collectively WTA) own and operate railroad tracks in Wichita. F.Y.G. Investments, Inc., andTreatco, Inc. (collectively FYG) own real property adjacent to the WTA’s tracks. In 2008, the WTA was ordered to provide access—by way of a permanent railroad crossing—from a public street to FYG’s real property.

In the present appeal, although the WTA does not dispute the district court’s authority to require it to…