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MOODY v. ALLEGHENY VALLEY LAND TRUST

930 A.2d 505 (2007)

Sally L. MOODY, Robert J. Moody, Fred J. Brient, Jr., Cynthia I. Brient, William Duff McCrady, William A. Lucas, A.J. Lucas, Glenn G. Beatty, Sharon L. Beatty, Rodney J. Denardo, Melissa Denardo, Dennis H. Iseman, William R. Eiseman, and Estate of Mary E. Keller, David J. Kushon, and Janie B. Kushon, Appellees v. ALLEGHENY VALLEY LAND TRUST, Armstrong County Conservancy Charitable Trust, Armstrong Rails To Trails Association, Consolidated Rail Corporation, Jerry F. Longwell, Lee J. Calarie, David R. Ruppert, Norman Karp, and Wilhelminna Decock, Appellants.

Superior Court of Pennsylvania.

Filed June 25, 2007.

Reargument Denied August 28, 2007.

Attorney(s) appearing for the Case

Dennis J. Kusturiss, Pittsburgh, for Karp, appellant.

Colleen P. Kartychark, Corapolis, for Decock, appellant. (no argument)

Donald B. Smith, Pittsburgh, for Lucas, A.J., appellee.

William D. Semins, Pittsburgh, for Rails-To-Trails, Amicus Curiae.

BEFORE: ORIE MELVIN, McCAFFERY, and TAMILIA, JJ.

OPINION BY McCAFFERY, J.:

¶ 1 The present appeal, from an order granting summary judgment, arises from a long-standing dispute concerning whether Consolidated Rail Corporation ("Conrail") had abandoned a railroad right-of-way in Armstrong County (the "County") and, if so, whether the property interest in the right-of-way had reverted to the servient property owners (the Appellees herein). Specifically, we must review whether the trial court correctly determined...

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