In re Ruggiero

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that when an agreement is reached, “trail use of the right-of-way is authorized and abandonment by the railroad is blocked indefinitely, subject to restoration of the right-of-way for railroad purposes”
• explaining “the government[] agreed to a settlement of $1.7 million in fees and costs in Memmer[] when $29,000 in damages were at issue”
• remanding case for recalculation of damages based upon conclusion that expiration of NITU without trail-use agreement served as takings end date
• remanding case for recalculation of damages based upon conclusion that expiration of NITU without trail-use agreement served as takings end date
• “[H]ad a trail-use agreement been reached during the NITU, a taking of . . . property would have occurred.”
• “[H]ad a trail-use agreement been reached during the NITU, a taking of [the landowners’] property would have occurred.”

Source: CourtListener parenthetical corpus (CC0).