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Legal Opinion

Durango & Silverton Narrow Gauge R.R. Co. v. Wolf

Colorado Court of Appeals

Decided August 1, 2013No. Court of Appeals No. 12CA1632Published

1Opinion of the Court

Opinion by JUDGE FOX

¶ 1 This dispute involves the extent to which a railroad can authorize a third party's incidental use of its continuously used railroad right-of-way as a non-exclusive easement for a public recreation trail.

¶ 2 Defendants Timothy Wolf and Katherine Turner (collectively Wolf) appeal the trial court's summary judgment in favor of plaintiff, Durango & Silverton Narrow Gauge Railroad (DSNGRR), allowing DSNGRR to grant to the City of Durango (Durango) a non-exclusive easement over part of its right-of-way and adjacent to the railroad tracks to extend a public recreation trail.…

2Cases cited24 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
  3. Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
  4. United States v. Union Pacific RailroadSupreme Court of the United States · 1957
  5. West Elk Ranch, L.L.C. v. United StatesSupreme Court of Colorado · 2002

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