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RLTD RAILWAY CORP. v. SURFACE TRANSP. BD.

No. 96-4142.

166 F.3d 808 (1999)

RLTD RAILWAY CORPORATION and Leelanau Trails Associations, Petitioners, v. SURFACE TRANSPORTATION BOARD and The United States of America, Respondents, Leelanau County, a legal subdivision of the State of Michigan; August Sharnowski; Barbara Sharnowski, Landowners in the State of Michigan, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

Devin S. Schindler (argued), Warner, Norcross & Judd, Grand Rapids, MI, for RLTD Railway Corporation.

Devin S. Schindler (argued), Warner, Norcross & Judd, Grand Rapids, MI; George R. Thompson, John R. VanderVeen (briefed), Thompson & O'Neil, P.C., Traverse City, MI, for Leelanau Trails Associations.

David C. Shilton, M. Alice Thurston (briefed), U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, for United States of America.

Evelyn G. Kitay (argued), Surface Transportation Board, Washington, DC, for Surface Transportation Board.

Lynn A. Bulan, Nels J. Ackerson (argued and briefed), James R. Baarda (briefed), The Ackerson Group, Washington, DC, for Leelanau County, August Sharnowski and Barbara Sharnowski.

Before: KEITH, KENNEDY, and NORRIS, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Petitioner RLTD Railway Corporation ("RLTD") filed an application to abandon a segment of its rail line pursuant to 49 C.F.R § 1152.50 and 49 U.S.C. § 10903. Petitioner Leelanau Trails Associations ("LTA") supported this application and submitted its own application for imposition of a "trail condition" under 16 U.S.C. § 1247(d) (allowing rail corridors to be used for commuter and recreational use while...

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