The Tri-City Railroad is appealing the Washington State Utilities and Transportation commissions decision to extend Center Parkway over the tracks to Tapteal drive.
Last month the company filed a lawsuit against the commission's decision to approve the extension.
Tri-City Railroad also filed a joint lawsuits agaisnt the city of Kennewick and Richland seeking damages.
Extending Center Parkway over the tracks to Tapteal means drivers would be able to go from the circle on gage near PF Changs north to the businesses near Kohl's.
The case will now be heard in Benton County Superior Court.
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