CONSOLIDATED RAIL CORPORATION, INC., and West Central Indiana Rails To Trails, Inc., Appellants (Defendants below),
v.
Pam LEWELLEN, Jerry Howard, Linda K. Howard, Dale Remley, Doris M. Remley, Cynthia Denman, David Denman, Nola Parker, Charles Stephen Roudebush and all others similarly situated, Appellees (Plaintiffs below).
Supreme Court of Indiana.https://leagle.com/images/logo.png
June 19, 1997.
June 19, 1997.
Attorney(s) appearing for the Case
Henry J. Price, James A. Mellowitz, Price & Barker, Indianapolis, Nels J. Ackerson, The Ackerson Group, Chartered, Washington, D.C., Kurt R. Homann, Collier Homann & Siamas, Crawfordsville, for Appellants.
Karl L. Mulvaney, Andrea M. Roberts, Frank A. Bracken, Bingham Summers Welsh & Spilman, Indianapolis, for Amici Curiae, City of Indianapolis, Rails to Trails Conservancy, National Recreation and Park Ass'n, Am. Trails, Indiana Chapter-Am. Soc'y of Landscape Architects, Rail Corridor Dev., Inc., Hendricks County Trail Dev. Ass'n, Transportation corridor Dev. Alliance, Indiana Bicycle Coalition, Indiana Parks and Recreation Ass'n, Am. Hiking Soc'y, Friends of Pumpkinvine Nature Trail, and Iowa Trails Council.
Andrea Ferster, General Counsel, Rails to Trails Conservancy, Washington D.C., for Amicus Curiae, Rails to Trails Conservancy.
Richard G. Tulley, Berry, Cooper & Tulley, Crawfordsville, for Amici Curiae, City of Crawfordsville and Crawfordsville Park Bd.
Richard S. McGaughey, Goebel, McGaughey & Sosbe, Crawfordsville, for Amicus Curiae, Montgomery County Convention and Tourism Bd.
Nicholas C. Nizamoff, Lonnie D. Johnson, White & Raub, Indianapolis, for Appellee.
Supreme Court of Indiana.
ON PETITION TO TRANSFER
SULLIVAN, Justice.
This case is one of a number of Indiana lawsuits raising issues related to the ownership and use of parcels of land formerly constituting railroad rights-of-way. Here we agree with the trial court and Court of Appeals that the parcels in question are now owned by the owners of the land adjacent to the former right-of-way.
Background
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