Butler v. Price

This declaratory judgment action is before this Court upon an appeal from an order entered in the Circuit Court of Wood County on July 23, 2001. Pursuant to that order, the Circuit Court held that an 1882 agreement which established a railroad right-of-way through the tract of land later occupied by the appellant, Ralph E. “Gene” Butler, did not provide Butler with an implied right to cross the right-of-way for commercial purposes. The right-of-way currently belongs to the appellee, CSX Transportation, Inc. Appellant Butler was under a contract of sale to purchase the land from its record…