Marvin M. Brandt Revocable Trust v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1173 | 10th Cir. | Jan 14, 2014 | 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
- Commentary: John Roberts's quiet homage to William Rehnquist (Richard Pildes, March 12, 2014)
- Opinion analysis: Victory -- and money -- for landowners (Lyle Denniston, March 10, 2014)
- Argument recap: Oh, give me land, lots of land . . . (Lyle Denniston, January 14, 2014)
- Argument preview: Rights to old rights-of-way (Lyle Denniston, January 13, 2014)
| Date | Proceedings and Orders |
|---|---|
| 03/22/2013 | Petition for a writ of certiorari filed. (Response due April 25, 2013) |
| 04/17/2013 | Order extending time to file response to petition to and including May 28, 2013. |
| 04/23/2013 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 04/25/2013 | Brief amici curiae of Cato Institute, et al. filed. |
| 04/25/2013 | Brief amicus curiae of Owners' Counsel of America filed. |
| 05/28/2013 | Order further extending time to file response to petition to and including June 27, 2013. |
| 06/18/2013 | Order further extending time to file response to petition to and including August 1, 2013. |
| 07/24/2013 | Order further extending time to file response to petition to and including September 5, 2013. |
| 09/05/2013 | Brief of respondent United States filed. |
| 09/06/2013 | Letter of September 6, 2013, from counsel for petitioners received. |
| 09/11/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 10/01/2013 | Petition GRANTED. |
| 10/21/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/04/2013 | SET FOR ARGUMENT ON Tuesday, January 14, 2014. |
| 11/15/2013 | Joint appendix filed. (Statement of costs filed) |
| 11/15/2013 | Brief of petitioners Marvin M. Brandt Revocable Trust, et al. filed. |
| 11/19/2013 | Record 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). |
| 11/19/2013 | Brief amicus curiae of Northwest Legal Foundation filed. (Distributed) |
| 11/20/2013 | Motion for leave to file amici brief filed by Owners' Counsel of America, et al. |
| 11/21/2013 | CIRCULATED. |
| 11/22/2013 | Brief amici curiae of Cato Institute, et al. filed. (Distributed) |
| 11/22/2013 | Brief amicus curiae of National Association of Reversionary Property Owners filed. (Distributed) |
| 11/22/2013 | Brief amicus curiae of Pacific Legal Foundation and Center for Constitutional Jurisprudence filed. (Distributed) |
| 11/22/2013 | Brief amicus curiae of New England Legal Foundation filed. (Distributed) |
| 12/09/2013 | Motion for leave to file amici brief filed by Owners' Counsel of America, et al. GRANTED. |
| 12/16/2013 | Brief of respondent United States filed. (Distributed) |
| 12/23/2013 | Brief amici curiae of Rails To Trails Conservancy, et al., filed. (Distributed) |
| 12/23/2013 | Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed) |
| 12/23/2013 | Brief amici curiae of States of New Mexico, et al. filed. (Distributed) |
| 01/07/2014 | Reply of petitioners Marvin M. Brandt Revocable Trust, et al. filed. (Distributed) |
| 01/14/2014 | Argued. For petitioners: Steven J. Lechner, Lakewood, Colo. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 03/10/2014 | Judgment 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. |
| 08/01/2014 | Record returned for U.S.C.A. 10th Circuit. |
Issue: Whether the United States retained an implied reversionary interest in rights-of-way created by the General Railroad Right-of-Way Act of 1875 rights-of-way after the underlying lands were patented into private ownership.