Construction of a new viaduct about a mile east of Lexington started on April 1st. But late Wednesday afternoon, Dawson County District Judge Matthew Neher granted a temporary restraining order, halting any construction activities on a portion of the viaduct project. The ruling came just a few hours after a petition was filed by Downey & Associates, doing business as Downey Drilling, asking for the temporary injunction to halt construction activities on their property.
Judge Neher’s order states that since Dawson County has not deposited the required $176,040.00 amount of the appraiser’s award to Downey & Associates, the County “has not yet acquired the real property on which the work is to be performed”.
Downey’s petition further states that without a temporary restraining order issued, Downey & Associates would “suffer immediate and irreparable harm for which there is no adequate remedy at law”. In an affidavit, President & CEO Thomas Downey stated that he recently became aware some construction activity on his property was to be started on Thursday April 18, 2024.
Judge Neher has set the temporary injunction order for a hearing in Dawson County District Court on May 2, 2024 at 11:00am.
While condemnation of property proceedings have been completed, Downey & Associates and Titan Machinery have since filed appeals on the terms of the condemnation action. Dawson County thus far has not acted on the appeals nor paid the bond required for the appeals.
The viaduct is to carry traffic, on Road 435, over Union Pacific Railroad tracks and Highway 30. The intersection carries truck traffic and there is a short distance to turn off from Highway 30 to Road 435 before the railroad tracks, making it a hazardous traffic situation.
