Railway Cos. Attack Houston's Drainage Fee Assessments

Law360, Houston (October 24, 2012, 3:41 PM EDT) -- BNSF Railway Co. and others sued the city of Houston in Texas state court Monday in a bid to block a newly-enacted drainage fee that the railway companies claim is being unfairly assessed on large swaths of property that do not use municipal drainage capacity.

BNSF, Houston Belt & Terminal Railway Co. and Union Pacific Railroad Co., which operate 90 percent of the rail lines in Houston, say that the majority of their real estate either drains into local bayous or absorbs rainwater, and they should...
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