HARRISBURG — The state Superior Court on May 12 upheld a ruling denying South Avis Realty Inc.’s request for reimbursement of the $14,470 it paid to cover its half of the cost of restoring a railroad crossing.

According to the opinion, defendant South Avis Realty “removed and replaced 115 feet of damaged railroad line to promote safe train travel” in 2012. South Avis owns the former Conrail line.

However, the line passes through property owned by PA Energy Vision LLC, which does business as Henry Street, and a crossing that allowed access to Henry Street’s property was also removed when Avis did the work.

“Eventually, a dispute arose between the parties regarding whether restoration of the crossing was required and, if so, who should pay,” the Superior Court said.

In addition, Henry Street filed a motion in November 2012 for a preliminary injunction that would require “restoration and maintenance of the railroad crossing to accommodate its legal right of use." The preliminary injunction was later ruled to be nullified by a subsequent permanent injunction.

South Avis was ordered by a jury to fix the crossing, with South Avis and Henry Street each required to pay half of the $28,940 in restoration costs.

The Superior Court said the Court of Common Pleas of Clinton County subsequently declared that Henry Street was entitled by deed to use the railroad crossing. 

The lower court granted the permanent injunction against South Avis’ interference with the use of the crossing. In connection with the injunction, the common pleas court said Henry Street was actually liable for the full cost of the restoration, because it is the “sole-use beneficiary.”

When the case originally came before the Superior Court, it reversed the permanent injunction, “as we discerned no legal entitlement in Henry Street to use the crossing,” the May 12 document said.

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