Legal Opinion
Farmers Cooperative Co. v. United States
United States Court of Federal Claims
Decided June 24, 2011No. 09-741LPublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER
DAMICH, Judge:
This is a “rails to trails” ease in which Plaintiffs seek a judgment of liability against the United States for a Fifth Amendment taking of their properties subject to a railroad right-of-way held by Kansas & Oklahoma Railroad (“K & 0”) in Comanche, Kiowa, Pratt, and Hodgeman Counties, Kansas. Defendant has cross-moved for partial summary judgment on liability or, in the alternative, for a judgment limiting liability to that of a temporary taking.
Although the railroad rights-of-way in question were never in fact used as recreational trails pursuant to the…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jenkins v. United StatesUnited States Court of Federal Claims · 2011
- Dana R. Hodges Trust v. United StatesUnited States Court of Federal Claims · 2011
- Farmers Cooperative Co. v. United StatesUnited States Court of Federal Claims · 2011
- Caquelin v. United StatesUnited States Court of Federal Claims · 2015
- Ladd v. United StatesUnited States Court of Federal Claims · 2012
4 more not listed; retrieve them via the Exa API.