Romanoff Equities, Inc. v. United States

Summary Judgment; Rails to Trails; Scope of Easement; Abandonment; New York Law

OPINION

FIRESTONE, Judge

This “Rails-to-Trails” case deals with the creation of the “Highline” recreational trail in the City of New-York (“New York City” or “the City”). Plaintiff Romanoff Equities, Inc. (“Romanoff Equities”) claims that the United States (“the government”) took its property interest in the elevated railroad right-of-way that is now part of the Highline when the Surface Transportation Board (“STB”), a federal agency, authorized the City to turn the right-of-way into an elevated park. This court…