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Marvin M. Brandt Revocable Trust v. United States

Docket No.12-1173
Op. Below10th Cir.
ArgumentJan 14, 2014
Vote8-1
AuthorJohn Roberts
OpinionMar 10, 2014
TermOctober Term 2013
SCOTUS PageOpinion

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 John Roberts on Mar 10, 2014. Justice Sotomayor filed a dissenting opinion.

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.

Proceedings & orders timeline

Mar 22, 2013
Petition for a writ of certiorari filed. (Response due April 25, 2013)
Apr 17, 2013
Order extending time to file response to petition to and including May 28, 2013.
Apr 23, 2013
Brief amicus curiae of Pacific Legal Foundation filed.
Apr 25, 2013
Brief amici curiae of Cato Institute, et al. filed.
Apr 25, 2013
Brief amicus curiae of Owners' Counsel of America filed.
May 28, 2013
Order further extending time to file response to petition to and including June 27, 2013.
Jun 18, 2013
Order further extending time to file response to petition to and including August 1, 2013.
Jul 24, 2013
Order further extending time to file response to petition to and including September 5, 2013.
Sep 5, 2013
Brief of respondent United States filed.
Sep 6, 2013
Letter of September 6, 2013, from counsel for petitioners received.
Sep 11, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 1, 2013
Petition GRANTED.
Oct 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.
Nov 4, 2013
SET FOR ARGUMENT ON Tuesday, January 14, 2014.
Nov 15, 2013
Joint appendix filed. (Statement of costs filed)
Nov 15, 2013
Brief of petitioners Marvin M. Brandt Revocable Trust, et al. filed.
Nov 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).
Nov 19, 2013
Brief amicus curiae of Northwest Legal Foundation filed. (Distributed)
Nov 20, 2013
Motion for leave to file amici brief filed by Owners' Counsel of America, et al.
Nov 21, 2013
CIRCULATED.
Nov 22, 2013
Brief amici curiae of Cato Institute, et al. filed. (Distributed)Nov 22, 2013
Brief amicus curiae of National Association of Reversionary Property Owners filed. (Distributed)Nov 22, 2013
Brief amicus curiae of Pacific Legal Foundation and Center for Constitutional Jurisprudence filed. (Distributed)Nov 22, 2013
Brief amicus curiae of New England Legal Foundation filed. (Distributed)
Dec 9, 2013
Motion for leave to file amici brief filed by Owners' Counsel of America, et al. GRANTED.
Dec 16, 2013
Brief of respondent United States filed. (Distributed)Dec 23, 2013
Brief amici curiae of Rails To Trails Conservancy, et al., filed. (Distributed)Dec 23, 2013
Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)Dec 23, 2013
Brief amici curiae of States of New Mexico, et al. filed. (Distributed)Jan 7, 2014
Reply of petitioners Marvin M. Brandt Revocable Trust, et al. filed. (Distributed)Jan 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.
Mar 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.
Aug 1, 2014
Record returned for U.S.C.A. 10th Circuit.

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