Stone v. U.S.D. No. 222

The opinion of the court was delivered by

Davis, J.:

Burlington Northern Railroad Company (railroad) conveyed property to U.S.D. No. 222 (school district). The adjacent landowners Gary and Danielle Stone (Stones) were granted partial summary judgment based upon the trial court’s ruling that the land reverted to the Stones when its use for a right-of-way was abandoned. The trial court concluded that notwithstanding the railroad’s fee simple interest by original deed, the land was used for a right-of-way limiting the railroad’s interest to a right-of-way easement only. The Court of Appeals…