NEBRASKA CITY – Judge Julie Smith has given attorneys until Oct. 26 to file legal briefs in the city’s lawsuit to claim street right of way that has been used by railroads for over 100 years.

The Nebraska Railroad Museum entered a quit claim deed to the court Monday. It purports to show that the railroad deeded property to the museum.

Attorney Colin Bernard objects to the city’s motion for summary judgment claiming that an affidavit from City Administrator Lou Leone contains pages of metes and bounds, but no foundation for how he obtained those measurements. Bernard said there is also no evidence that Leone is qualified to measure the metes and bound himself.

Bernard said Leone mentions an 1855 plat map, but that map has not been introduced as evidence.

Dave Fachman of the railroad museum earlier told News Channel Nebraska that the city is inexplicably throwing up legal obstacles to establishing a museum presence near the historic train depot on south Sixth Street.

The museum recognizes that the Nebraska City Area EDC owns the historic depot building, but Fachman says the city should not be able to use right-of-way it has not accessed for 150 years to stop the railroad museum from the best use of its property.