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After a significant flood in 1993, during which water filled the ground floor cafeteria and came up to the gym floor, a dike to prevent a recurrence, was built around Orange High School. An issue arose during the construction phase: TIZ: the City of Orange refused to allow the dump trucks to drive on Main Street, the nearest street to both the Blue River and the High School, a distance of c. 3/4 miles, but required the trucks to travel East on Rte 7 (Morris Drive) to the East end of Orange, and cross the CSX tracks and approach the school and dike installation site from the East rather than from the West, a distance of c. 2.5 miles, one-way.
If you had the haulage contact what would you do? What legal recourse, if any would you have had? If you sued, what defense, OTHS, et al. have? Who wins, Why?
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