CBS Outdoor claims CSX violated easement agreement near Mississippi River bridge construction

Andrea Dearden Oct. 15, 2012, 3:40am

An Illinois railroad company is accused of unlawfully ending its property easement with an outdoor advertising company to make room for a bridge across the Mississippi River.

CBS Outdoor Inc. filed a lawsuit against CSX Transportation Inc. on Sept. 17 in St Clair County Circuit Court.

CBS Outdoor claims it paid for and obtained two easements on property owned by CSX in St. Clair County, according to the complaint. In August 2009 the Illinois Department of Transportation allegedly notified CBS Outdoor of its intent to take the property owned by CSX, including the easements being used by CBS Outdoor, to accommodate the construction of a new Mississippi River bridge.

CBS Outdoor claims, in November 2010, IDOT filed a condemnation action to take the property and officially took possession in December 2010. CBS Outdoor contends the termination of its rights in the easements violated the agreement it had with CSX. The advertising company accuses CSX of breach of contract, unjust enrichment and failure to compensate CBS Outdoor for taking its easements.

CBS Outdoor seeks a judgement of more than $150,000 in damages, plus court fees, and asks the court to revoke the termination of the easements.

Attorneys Katherine C. Lemley, Daniel C. Nester and Christopher M. Blaesing of St. Louis represent CBS Outdoor. They ask for a jury trial.

St. Clair County Circuit Court Case No. 12-L-483

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