United States Eighth Circuit

In actions brought by landowners claiming that a railroad had abandoned a railroad right of way, failed to comply with statutory maintenance duties on their property, and that a town's mayor had improperly entered it into negotiations to convert the right of way, summary judgment for defendants is affirmed where: 1) since a Notice of Interim Trail Use converted the right of way to public uses, the railroad was no longer "running or operating any railroad" nor "owning or operating" a railroad right of way when it received the notice required by statute; and 2) plaintiffs lacked standing to pursue the claims involving the mayor-s actions.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, ARNOLD, AND BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Royce Deryl Edwards, Jr., argued Joplin, MO (L. Dean Wilson, on the brief), for appellants.


• For Appellees:
  
• Charles H. Montange, argued, Seattle, WA (Michael D. Talley, Joplin, MO and Joseph Leroy Johnson, and David T.M. Powell, Springfield, MO, on the brief), for appellees.