A St. James Parish couple has filed a lawsuit against Kansas City Southern Railway Co. for trespassing onto their property after they discovered the railroad company was placing creosote crossties on their property.

Howard Ramagos and Delores Ramagos filed suit against Aspen Equipment Co. and the Kansas City Southern Railway Co. on May 13, 2011 in St. James Parish District Court. The defendant removed the case to federal court in New Orleans on June 22.

According to the lawsuit, defendant Aspen Equipment Co. began trespassing on property owned by the St. James Parish couple in Aug. 2010. The defendant used heavy equipment and placed creosote crossties on the property resulting in "ruts and holes on the ground and an irritating odor in the air." The Ramagos argue that they have not been compensated for the damage to their property and that the defendants have refused to repair the damage.

Ramagos states the actions also resulted in an aggravation to his preexisting respiratory and pulmonary problems.

The petitioners are seeking damages for trespassing, depreciation, damage to physical appearance, mental anguish, repair costs, attorney's fees, penalties, interest and court costs.

The plaintiffs are represented by Reserve attorney Barry J. Landry.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:11-cv-01486

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