Legal Opinion
Avista Corp. Inc. v. Wolfe
Court of Appeals for the Ninth Circuit
Decided December 11, 2008No. 07-35321PublishedCited by 14 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This appeal presents the question of whether a court may retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act. We conclude that the Act does not permit a nunc pro tunc abandonment declaration.
I
The storied Clark Fork River in Montana was formed from floods left by the last ice age and named by Meriwether Lewis during the expedition’s return from the west coast. Its tributaries were celebrated by author Norman Maclean in his novella A River Runs Through It. 1 One of the most spectacular settings in the lower Clark Fork River…
2Cases cited10 opinions
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Leo Sheep Co. v. United StatesSupreme Court of the United States · 1979
- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Proctor v. Vishay Intertechnology, Inc.Court of Appeals for the Ninth Circuit · 2009
- Tiffany Hill v. Xerox Business Services, LLCCourt of Appeals for the Ninth Circuit · 2023
- Mansourian v. Regents of University of CaliforniaCourt of Appeals for the Ninth Circuit · 2010
- Samuel C. Johnson 1988 Trust v. Bayfield CountyCourt of Appeals for the Seventh Circuit · 2011
- Mansourian v. Regents of the University of CaliforniaCourt of Appeals for the Ninth Circuit · 2010
9 more not listed; retrieve them via the Exa API.