SAMUEL C. JOHNSON 1988 v. BAYFIELD COUNTY, WIS.

No. 07-1348.

520 F.3d 822 (2008)

SAMUEL C. JOHNSON 1988 TRUST, et al., Plaintiffs-Appellees, v. BAYFIELD COUNTY, WISCONSIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2008.


Attorney(s) appearing for the Case

Carl A. Sinderbrand, Axley Brynelson, Madison, WI, Cecilia Fex (argued), Ackerson Kauffman Fex, Washington, DC, William T. Stuart, Meissner, Tierney, Fisher & Nichols, Milwaukee, WI, for Plaintiffs-Appellees.

Richard K. Nordeng (argued), Stafford Rosenbaum, Steven Pray O'Connor, Office of the United States Attorney, Madison, WI, for Defendant-Appellant.

Andrea C. Ferster, Washington, DC, Rails to Trail Conservancy, Amicus Curiae.

Debra P. Conrad, Wisconsin Realtors Ass'n, Madison, WI, Wisconsin Realtors Ass'n, Amicus Curiae.

J. Bushnell Nielson, Reinhart, Boerner, Van Deuren, Waukesha, WI, Wisconsin Land Title Ass'n, Amicus Curiae.

Before EASTERBROOK, Chief Judge, and FLAUM and KANNE, Circuit Judges.


FLAUM, Circuit Judge.

At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are formally abandoned, local governments are then provided...

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