City of Houston v. Southern Pacific Transportation Co.

EVANS, Justice.

The City of Houston appeals from an order of summary judgment entered in a suit for declaratory judgment brought by the Southern Pacific Transportation Company.

This action stems from a federal suit brought by the Railroad in the U.S. District Court for the Southern District of Texas seeking to enjoin the City of Houston from extending Silber Road across four railroad tracks at the Hempstead Highway. After several preliminary hearings, the U.S. District Judge invoked the doctrine of abstention, staying further proceedings until a Texas appellate court determined whether the City…