Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Marvin M. Brandt Revocable Trust v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
12-1173 10th Cir. Jan 14, 2014
Tr.Aud.
Mar 10, 2014 8-1 Roberts OT 2013

Holding: When a railroad abandons the right of way granted under the General Railroad Right-of-Way Act of 1875, the private party who acquired the land underlying the right of way obtains full rights over the right of way, which was an easement terminated by the railroad’s abandonment.

Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on March 10, 2014. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 22 2013Petition for a writ of certiorari filed. (Response due April 25, 2013)
Apr 17 2013Order extending time to file response to petition to and including May 28, 2013.
Apr 23 2013Brief amicus curiae of Pacific Legal Foundation filed.
Apr 25 2013Brief amici curiae of Cato Institute, et al. filed.
Apr 25 2013Brief amicus curiae of Owners' Counsel of America filed.
May 28 2013Order further extending time to file response to petition to and including June 27, 2013.
Jun 18 2013Order further extending time to file response to petition to and including August 1, 2013.
Jul 24 2013Order further extending time to file response to petition to and including September 5, 2013.
Sep 5 2013Brief of respondent United States filed.
Sep 6 2013Letter of September 6, 2013, from counsel for petitioners received.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 1 2013Petition GRANTED.
Oct 21 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 4 2013SET FOR ARGUMENT ON Tuesday, January 14, 2014.
Nov 15 2013Joint appendix filed. (Statement of costs filed)
Nov 15 2013Brief of petitioners Marvin M. Brandt Revocable Trust, et al. filed.
Nov 19 2013Record from the U.S.C.A. 10th Circuit is electronicand located on PACER. One additional record from the U.S.C.A. 10 Circuit (1 envelope).
Nov 19 2013Brief amicus curiae of Northwest Legal Foundation filed. (Distributed)
Nov 20 2013Motion for leave to file amici brief filed by Owners' Counsel of America, et al.
Nov 21 2013CIRCULATED.
Nov 22 2013Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Nov 22 2013Brief amicus curiae of National Association of Reversionary Property Owners filed. (Distributed)
Nov 22 2013Brief amicus curiae of Pacific Legal Foundation and Center for Constitutional Jurisprudence filed. (Distributed)
Nov 22 2013Brief amicus curiae of New England Legal Foundation filed. (Distributed)
Dec 9 2013Motion for leave to file amici brief filed by Owners' Counsel of America, et al. GRANTED.
Dec 16 2013Brief of respondent United States filed. (Distributed)
Dec 23 2013Brief amici curiae of Rails To Trails Conservancy, et al., filed. (Distributed)
Dec 23 2013Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Dec 23 2013Brief amici curiae of States of New Mexico, et al. filed. (Distributed)
Jan 7 2014Reply of petitioners Marvin M. Brandt Revocable Trust, et al. filed. (Distributed)
Jan 14 2014Argued. For petitioners: Steven J. Lechner, Lakewood, Colo. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 10 2014Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion.
Aug 1 2014Record returned for U.S.C.A. 10th Circuit.
 
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