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This entry was published on 2014-09-22
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SECTION 13
Actions and proceedings
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 2
§ 13. Actions and proceedings. a. The board of transportation may sue
in the name and behalf of the city. It may in the name of and in behalf
of the city bring action of specific performance or may bring a special
proceeding to compel the performance within such city by any person of
any duty or obligation with reference to or arising out of the
construction or operation of any railroad under, or by reason of, any
grant made or right acquired under this chapter, or out of or by reason
of any contract made or authorized by it or any predecessor board,
commission or commissioner within the city, or it may in behalf of and
in the name of such city bring actions to recover damages for any
violation of contract or duty, or for any wrong committed by any such
person by reason of any nonperformance or violation of duty under the
provisions of this chapter or under any contract or stipulation made in
pursuance of any provisions of this chapter.

b. Every action or proceeding brought by the board of transportation,
and every action or proceeding in which an injunction is had or sought
against the board or such city, or against any person who or which shall
have entered into a contract under the provisions of this chapter, by
reason of any act or thing done, proposed or threatened under or by
virtue of any provision of this chapter, or is sought against any person
claiming or claiming to act under any grant or franchise under this
chapter, and every action or proceeding in which the constitutionality
of any part of this chapter shall or may be brought in question, shall
have a preference above all causes not criminal on the calendar of every
court, and may be brought on for trial or argument upon notice of eight
days for any day of any term on which the court shall be in session.