United States Tenth Circuit

In an action seeking to quiet title to real property formerly used as a railroad right-of-way, defendants' appeal from an order remanding the case to Colorado state court is dismissed where: 1) the district court remanded based on a lack of subject matter jurisdiction over the federal question on which removal was based; 2) since subject-matter jurisdiction was a colorable rationale for remand, there was no jurisdiction over the appeal; and 3) the collateral-order doctrine did not apply, nor did any other exception.

Appellate Information

• Decided 08/12/2008
• Published 08/13/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY and TYMKOVICH, Circuit Judges, and FRIZZELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Andrea C. Ferster, General Counsel of Rails-to-Trails Conservancy, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Timothy L. Goddard of Hasler, Fonfara & Maxwell, L.L.P., Fort Collins, CO, for Plaintiff-Appellee., Joshua D. McMahon (William Perry Pendley of Mountain States Legal Foundation, on the brief), Lakewood, CO, for Plaintiff-Intervenor-Cross-Claimant-Appellee., Jennifer Lynn Peters (Fred L. Otis of Otis, Coan & Peters, L.L.C., on the briefs), Greeley, CO, for Defendants-Appellants.