Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:07-cv-00273-MCW

Document 72

Filed 09/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS STEPHEN J. ROGERS, et al., ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) BIRD BAY EXECUTIVE GOLF COURSE, INC., ) et al., ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

Hon. Mary Ellen Coster Williams

No. 07-273 L

Hon. Mary Ellen Coster Williams

No. 07-426 L

UNITED STATES' PROPOSED FINDINGS OF FACT IN RESPONSE TO PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACTS IN RESPONSE TO GOVERNMENT'S CROSS-MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Pursuant to Rule 56(h)(1) of the Rules of the Court of Federal Claims, Defendant hereby submits its Proposed Findings of Fact in Response to Plaintiffs' Proposed Findings of Uncontroverted Fact (Doc. No. 67).

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Case 1:07-cv-00273-MCW

Document 72

Filed 09/15/2008

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1.

In 1925 the Brotherhood of Locomotive Engineers ("BLE"), acquired land in Sarasota

County, and began constructing the new city of Venice, Florida. See Def.'s Ex. 10 at D0093. 2. As part of the new construction, the Venice city planner moved the Seaboard tracks

eastward to an industrial section of Venice. Id.; Def.'s Ex. 11 at 0096. 3. Seaboard acquired the land on which the earlier Seaboard rail corridor was located "by possession." Def.'s Ex. 2, Tab I at 0019; Def.'s Ex. 1 at 0004-0005. 4. In order to facilitate this track relocation, BLE "granted, bargained, sold, aliened, remised

and released . . . unto the said Seaboard Air Line Railway Company, its successors and assigns forever, all of its right, title and interest in and to" the land on which the relocated corridor would sit. Def.'s Ex. 8 at 0087. See also Straup Decl. at ¶ 11; Pltfs' Resp. PFOF, Exhibit 9 (noting that the Venice Train Depot was "constructed in 1927 . . ."). 5. 6. The 1927 BLE Deed described a "proposed Wye track." Def.'s Ex. 8 at 0088. The BLE Deed acknowledged consideration of five dollars and other good and valuable

consideration. Def.'s Ex. 8 at 0087. 7. The 1941 Venice Deed mentioned a "Wye track," dropping the word "proposed."

Compare Def.'s Ex. 8 at 0088 with Def.'s Ex. 9 at 0090.

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Case 1:07-cv-00273-MCW

Document 72

Filed 09/15/2008

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Respectfully submitted this 15th day of September, 2008, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division s/ Mark T. Romley Mark T. Romley William Shapiro Trial Attorneys Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506 Counsel for the United States

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