City of Austin files suit against Zilker Zephyr operator

The City of Austin has filed a suit against the operators of the Zilker Zephyr. 

The lawsuit, filed by the City of Austin, is asking for a temporary restraining order and temporary injunction against the operator, Texas Special, Inc. 

In January, the owners of the Zilker Zephyr went public about failed contract talks with the city and announced that the iconic Austin attraction would be closing after two decades of service. 

The City of Austin has since announced that they are seeking to secure a new contract to reopen the Zilker Zephyr.

However, according to court documents, the City of Austin has filed for a temporary restraining order and temporary injunction after they learned that Texas Special started removing parts of the track. 

RELATED: City of Austin working to secure contract to reopen Zilker Zephyr

The documents state that Texas Special and the City of Austin are currently disputing who owns the track under the contract, "At the meeting, Mr. Rodriguez asserted that he would be removing the track and was told that the city took the position that the track belonged to the city under the terms of the parties' contract." 

According to the documents, the City of Austin was made aware that Texas Special would be disassembling the attraction, and learned that the company "removed approximately 100 bolts from the tracks before an Austin Police Department officer told Texas Special's representatives to stop."  

RELATED: Zilker Zephyr train operator calls it quits

The City of Austin is arguing that Texas Special has breached the contract and therefore included a temporary restraining order and temporary injunction in order to stop the company from further breaching the contract. 

 According to the documents, the city is also worried that Texas Special's removal of the track will cause further damage to the land, "The city will suffer irreparable injury if Texas Special is not temporarily restrained and enjoined from removing Zilker Zephyr train tracks. There are already erosion issues under the tracks and there could be potential additional erosion impact from pulling up the track." 

RELATED: Zilker Zephyr train shuts down after 22 years of business

The suit further asks that the court declares that "the city owns the tracks under the parties' agreement and any other relief to which the city may be justly entitled."