Several area businesses, including divisions of Houchens Industries, were allowed Tuesday to join a lawsuit against the city of Bowling Green regarding the proposed closing of Robinson Avenue at the CSX Railroad crossing. An amended complaint was also allowed that claims the city violated open meeting laws in passing an agreement with CSX.

The city’s attorney also said Tuesday the city is holding off on doing any closing work on Robinson Avenue until the legal issues are settled, while the original plaintiff, Kentucky Court of Appeals Judge Kelly Thompson, said the city is stalling on his efforts to get depositions from city officials until after the November general election.

Several of the issues were heard at a hearing Tuesday in front of Warren Circuit Judge Steve Wilson.

The original lawsuit stemmed from the closing of Robinson Avenue, which was originally slated to be completed by Aug. 31, as a result of CSX Railroad terminating right-of-way access to its rail lines that cross the road so that it could use a track to park rail cars. Many area residents have been publicly critical of the closing, saying it will be a significant hardship as it cuts off one of the main access routes in and out of their neighborhood, and they expressed concerns that their first notice of the closing came via a Daily News article.

In May, Thompson filed a petition for a declaratory judgment against the city and CSX in Warren Circuit Court. The petition claimed the city is violating state law regarding road closures. The petition asked for an injunction to stop the closing process until the city follows the procedures outlined in Kentucky law regarding road closings. The case was moved to a federal court, but in August a federal judge dismissed CSX Railroad as a defendant in the case and moved it back to Warren Circuit Court.

The motion to intervene in the suit was filed Aug. 26 by Timothy Edelen and Ian Loos of the Bell, Orr, Ayers and Moore law firm on behalf of Houchens Properties, Houchens Food Group, Rafferty’s Real Estate Partners, TH & SH LLC and James and Linda Ausbrooks. Those entities and individuals own businesses and property near Robinson Avenue: Houchens owns a Priceless IGA store on Russellville Road; Rafferty’s Real Estate Partners operates a Waffle House on Russellville Road; TH & SH owns two apartment buildings on Creason Street; and the Ausbrooks’ family own commercial property on Russellville Road.

“Closure of Robinson Avenue by the City of Bowling Green would divert traffic and potential customers and residents away from the properties … and adversely affect businesses operated on said properties,” the petition said.

The motion to join the suit was granted Tuesday by Wilson, as was an amended complaint by Thompson alleging that the city violated state open meeting laws during the process by conducting “all negotiations with CSX Transportation in secret,” according to the amended petition.

A motion to dismiss the case by attorney Hamp Moore, who is representing the city in the case, was not granted; instead, Wilson granted the city 15 days to amend a motion to dismiss to include the area businesses and gave the plaintiffs 15 days to respond.

The city’s motion to dismiss claims Thompson is not an abutting land owner and therefore by state law has no basis on which to sue.

Moore said the city will likely also seek to dismiss the suit by the additional plaintiffs on the same basis.

During the hearing Tuesday, Thompson said he wanted the court to order that he be allowed to take depositions from city officials for the case, which Wilson declined to order before the city has a chance to argue its motion to have the case dismissed.

“Their goal is to put this off until after the election,” Thompson said of city officials. “The agreement has to be voided before CSX” moves ahead with the road closing.

In response, Moore said the “city intends to take no steps to close” Robinson.

After the hearing, Moore reiterated that the “city has agreed it will not take steps to” close the road, but “I don’t know what (CSX’s) plans are.”

Thompson is determined to move forward.

“I want the city’s illegal actions voided,” Thompson said. “Then I can go after CSX.”

A date for the next hearing was not immediately set.

Bowling Green officials previously said the city does not want to close Robinson Avenue, but CSX has the right to determine the use of its property, and that efforts to get CSX to build a siding outside the city were unsuccessful. They also said the city should have done a better job of informing residents of the issue.

— Follow city government reporter Wes Swietek on Twitter @BGDNgovtbeat or visit bgdailynews.com.