Legal Opinion

Fletcher v. Burlington Northern & Santa Fe Railway Co.

Court of Appeals for the Eighth Circuit

Decided January 26, 2007No. 06-2156, 06-2159, 06-2162, 06-2164PublishedCited by 1 opinion

1Opinion of the Court

MURPHY, Circuit Judge.

The Burlington Northern Santa Fe Railway Company (BNSF) agreed with the Joplin Trail Coalition to convert a railroad right of way to trail use. Seven adjacent landowners initiated state court actions claiming that the railroad had abandoned the right of way and had failed to comply with statutory maintenance duties on their property; they seek declaratory relief and damages. Two of the seven also claim that the mayor of Carl Junction had improperly entered the town into negotiations to convert the right of way. The cases were consolidated after they were removed to…

2Cases cited10 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
  3. Nancy M. Kratzer v. Rockwell Collins, Inc., David A. Bellendier, and Eugene R. NedvedCourt of Appeals for the Eighth Circuit · 2005
  4. Advantage Media, L.L.C. v. City Of Eden PrairieCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. Billie Jerome AllenCourt of Appeals for the Eighth Circuit · 2005

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3Cited by1 opinion

  1. Randolph C. Fletcher Sheila A. Fletcher v. Burlington Northern and Santa Fe Railway Company City of Carl Junction James J. Wisdom, Doe Insurance Company, Joplin Trail Coalition, Jeff Lundein Elizabeth Lundein, Paul Hance Kathleen Hance Randolph C. Fletcher Sheila A. Fletcher John C. Warner Beverly G. Warner John Fredrickson Shirley Sue Fredrickson Clayton A. Crosby Carl Junction R-1 v. Burlington Northern and Sante Fe Railway Company James J. Wisdom City of Carl Junction, Missouri Joplin Trail Coalition, Intervenor John Fredrickson Shirley Sue Fredrickson Stephen Fredrickson Tami Fredrickson v. Burlington Northern and Santa Fe Railway Company City of Carl Junction James J. Wisdom, Doe Insurance Company, Joplin Trail Coalition, Carl Junction R-1 v. Burlington Northern and Santa Fe Railway Company Joplin Trail CoalitionCourt of Appeals for the Eighth Circuit · 2007

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