Legal Opinion
Swaby v. Northern Hills Regional Railroad Authority
South Dakota Supreme Court
Decided July 8, 2009No. 24808PublishedCited by 2 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.
Background
[¶ 2.] James Swaby, et al. (plaintiffs), brought a quiet title action against Northern Hills Regional Railroad Authority, et al. (NHRRA).1 Plaintiffs and NHRRA *802dispute title to certain property located in Lawrence County,…
2Cases cited88 opinions
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Buffalo Township v. JonesSupreme Court of Pennsylvania · 2002
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Leo Sheep Co. v. United StatesSupreme Court of the United States · 1979
83 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Reichmann Land & Cattle, LLPCourt of Appeals of Minnesota · 2014
- Swaby v. NORTHERN HILLS REGIONAL RAILROAD AUTH.South Dakota Supreme Court · 2009