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SKIDMORE v. NORFOLK SOUTHERN RY. CO.

No. 19-2482.

1 F.4th 206 (2021)

Tammy A. SKIDMORE, Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2021.

Attorney(s) appearing for the Case

ARGUED: Jason Patrick Foster, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellant. Raymond A. Atkins, SIDLEY AUSTIN LLP, Washington, D.C., for Appellee. ON BRIEF: Scott S. Segal, Robin Jean Davis, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellant. John H. Mahaney, II, Ellen M. Jones, William C. Brown, III, DINSMORE & SHOHL LLP, Huntington, West Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Agee joined.

This case pits two important interests against one another: Tammy Skidmore's interest in preventing her home's foundation from eroding into the creek next to her property, and Norfolk Southern Railway Company's (and, indeed, the nation's) interest in protecting land within the national railway corridor against those who wish...

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