Brown v. United States

Rails-to-Trails; Motion to Stay Proceedings Pending Resolution of Appeal in Another Case; Legal Standard

OPINION AND ORDER

SWEENEY, Judge.

In this case, plaintiffs own real property in Cleveland County, North Carolina, adjacent to a railroad right-of-way. They contend that the United States, by authorizing the conversion of the railroad right-of-way into a recreational trail pursuant to the National Trail Systems Act (“Trails Act”), took their property without paying just compensation in violation of the Fifth Amendment to the United States Constitution. In furtherance of their claim for just…