Appeals court to reconsider Center Parkway railroad crossing

The Washington Court of Appeals has agreed to reconsider its June decision clearing the way for the cities of Kennewick and Richland to extend Center Parkway across Tri-City Railroad tracks behind Columbia Center.

The court granted the railroad’s motion to reconsider the ruling in a decision posted July 19 and signed by George Fearing, chief judge of the appellate court, Division III.

The motion means the court will revisit its June 16 ruling that plans for an -grade crossing were appropriate due to the low number of both trains and vehicles expected to use it.

Washington law prefers but does not require that roads cross above or beneath tracks for safety reasons. The railroad objected to the at-grade plan primarily on safety grounds.

The cities of Kennewick and Richland want to connect Center Parkway in Kennewick with Tapteal Drive in Richland. The extension would cross two sets of active tracks. To prevent accidents, the cities designed a crossing with crossing arms, gates, flashing lights, a raised median strip and an audible bell to prevent accidents.

The road extension has been part of the Regional Transportation plan since 2006, according to court records.

The appeals court initially reviewed the case when the railroad appealed a December 2014 decision by Benton County Superior Court Judge Bruce Spanner approving the plan.

This story was originally published July 19, 2016 at 6:22 PM with the headline "Appeals court to reconsider Center Parkway railroad crossing."