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MOODY v. ALLEGHENY VALLEY LAND TRUST

No. 22 WAP 2008.

976 A.2d 484 (2009)

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. Iseman And Estate Of Mary E. Keller, David J. Kushon, and Janie B. Kushon, Appellants 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, Appellees.

Supreme Court of Pennsylvania.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Donald Bartlett Smith, Esq., Lansdale, for Sally L. Moody, et al.

John Wright Zotter, Esq., Dara A. DeCourcy, Esq., Zimmer Kunz, P.L.L.C., Pittsburgh, for Armstrong Rails to Trails Association, et al.

Dennis J. Kusturiss, Esq., Vuono & Gray, L.L.C., Pittsburgh, for Allegheny Valley Land Trust, et al.

David P. Helwig, Esq., Marks, O'Neill, O'Brien & Courtney, P.C., Pittsburgh, for Armstrong County Conservancy Charitable Trust, et al.

William Jones Cressler, Esq., PA Department of Transportation, Harrisburg, for amicus curiae Commonwealth of Pennsylvania Department of Transportation.

Neal Brendel, Esq., William D. Semins, Esq., K&L Gates, L.L.P., Pittsburgh, for Rails-To-Trails Conservancy.

Marth Riegel Smith, Esq., PA Department of Conservation & Natural Resources, for amicus curiae Pennsylvania Department of Conservation and Natural Resources.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

In this appeal, we hold that as long as the requirements of Section 1247(d) of the National Trails System Act are met, a railroad right-of-way is "railbanked" regardless of whether the rail operator agrees to resuscitate service. Accordingly, we affirm the Superior Court's decision below.

Railbanking is the preservation of an easement that was previously used as a rail thoroughfare by allowing interim trail use on...

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