Ellamae Phillips Co. v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION ON REMAND
BASKIR, Judge.
I. Introduction
This is a Rails-to-Trails ease. We previously entered judgment for the Plaintiff, concluding Defendant had taken Plaintiffs property interests by converting a railway easement to a “recreational easement.” Ellamae Phillips v. United States, 77 Fed.Cl. 387 (2007) (Ellamae I). We authorized an interlocutory appeal. On appeal, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) vacated judgment and remanded for our consideration of the scope of the railway easement, and contingently, whether the easement had been abandoned. Ellamae…
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