Marvin M. Brandt Revocable Trust v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1173 | 10th Cir. | Jan 14, 2014 | Mar 10, 2014 | 8-1 | Roberts | OT 2013 |
Holding: When a railroad abandons the right of way granted under the General Railroad Right-of-Way Act of 1875, the private party who acquired the land underlying the right of way obtains full rights over the right of way, which was an easement terminated by the railroad’s abandonment.
Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on March 10, 2014. Justice Sotomayor filed a dissenting opinion.
SCOTUSblog Coverage
- Commentary: John Roberts’s quiet homage to William Rehnquist (Richard Pildes, March 12, 2014)
- Opinion analysis: Victory -- and money -- for landowners (Lyle Denniston, March 10, 2014)
- Argument recap: Oh, give me land, lots of land . . . (Lyle Denniston, January 14, 2014)
- Argument preview: Rights to old rights-of-way (Lyle Denniston, January 13, 2014)
| Date | Proceedings and Orders |
|---|---|
| Mar 22 2013 | Petition for a writ of certiorari filed. (Response due April 25, 2013) |
| Apr 17 2013 | Order extending time to file response to petition to and including May 28, 2013. |
| Apr 23 2013 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Apr 25 2013 | Brief amici curiae of Cato Institute, et al. filed. |
| Apr 25 2013 | Brief amicus curiae of Owners' Counsel of America filed. |
| May 28 2013 | Order further extending time to file response to petition to and including June 27, 2013. |
| Jun 18 2013 | Order further extending time to file response to petition to and including August 1, 2013. |
| Jul 24 2013 | Order further extending time to file response to petition to and including September 5, 2013. |
| Sep 5 2013 | Brief of respondent United States filed. |
| Sep 6 2013 | Letter of September 6, 2013, from counsel for petitioners received. |
| Sep 11 2013 | DISTRIBUTED for Conference of September 30, 2013. |
| Oct 1 2013 | Petition GRANTED. |
| Oct 21 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Nov 4 2013 | SET FOR ARGUMENT ON Tuesday, January 14, 2014. |
| Nov 15 2013 | Joint appendix filed. (Statement of costs filed) |
| Nov 15 2013 | Brief of petitioners Marvin M. Brandt Revocable Trust, et al. filed. |
| Nov 19 2013 | Record from the U.S.C.A. 10th Circuit is electronicand located on PACER. One additional record from the U.S.C.A. 10 Circuit (1 envelope). |
| Nov 19 2013 | Brief amicus curiae of Northwest Legal Foundation filed. (Distributed) |
| Nov 20 2013 | Motion for leave to file amici brief filed by Owners' Counsel of America, et al. |
| Nov 21 2013 | CIRCULATED. |
| Nov 22 2013 | Brief amici curiae of Cato Institute, et al. filed. (Distributed) |
| Nov 22 2013 | Brief amicus curiae of National Association of Reversionary Property Owners filed. (Distributed) |
| Nov 22 2013 | Brief amicus curiae of Pacific Legal Foundation and Center for Constitutional Jurisprudence filed. (Distributed) |
| Nov 22 2013 | Brief amicus curiae of New England Legal Foundation filed. (Distributed) |
| Dec 9 2013 | Motion for leave to file amici brief filed by Owners' Counsel of America, et al. GRANTED. |
| Dec 16 2013 | Brief of respondent United States filed. (Distributed) |
| Dec 23 2013 | Brief amici curiae of Rails To Trails Conservancy, et al., filed. (Distributed) |
| Dec 23 2013 | Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed) |
| Dec 23 2013 | Brief amici curiae of States of New Mexico, et al. filed. (Distributed) |
| Jan 7 2014 | Reply of petitioners Marvin M. Brandt Revocable Trust, et al. filed. (Distributed) |
| Jan 14 2014 | Argued. For petitioners: Steven J. Lechner, Lakewood, Colo. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Mar 10 2014 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion. |
| Aug 1 2014 | Record returned for U.S.C.A. 10th Circuit. |
