Free Response to Motion - District Court of Federal Claims - federal

Case 1:07-cv-00273-MCW

Document 13

Filed 09/07/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

STEPHEN J. ROGERS, et. al.

Hon. Mary Ellen Coster Williams

No. 07-273

RESPONSE TO PLAINTIFFS' MOTION TO CERTIFY CLASS ACTION ______________________________________________________________________________ Defendant, United States of America, herein responds to Plaintiffs' Motion to Certify Class Action ("Pls.' Mot.") and Plaintiffs' Memorandum in Support of Motion to Certify Class Action ("Pls.' Mem."), dated August 21, 2007. In their motion, plaintiffs seek to certify an optin class "with themselves as representative parties for that class of similarly situated individuals or entities that held fee title to any land in Sarasota County, Florida which is now encumbered by the easements created by reason of [the] Trails Act and the April 2, 2004 [Notice of Interim Trail Use ("NITU")]." Pls.' Mem. at 1. With their Amended Complaint, plaintiffs submitted a copy of the NITU dated April 2, 2004, which appears to apply to the same 12-mile long corridor described in their Motion to Certify Class Action. Compare Plaintiffs' Amended Complaint, Exh. B ("Pls.' Am. Compl.") with Pls.' Mot. at 1-2. Plaintiffs estimate that there are now "more than 100 fee owners" with property abutting the rail corridor covered by the April 2, 2004 NITU. See Pls.' Mot. at 2.

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Case 1:07-cv-00273-MCW

Document 13

Filed 09/07/2007

Page 2 of 2

Defendant has reviewed plaintiffs' motion and memorandum and, based on prior precedent that has found class certification to be appropriate in "rails-to-trails" takings cases, does not oppose the granting of that motion. Dated: September 7, 2007. RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division s/ Mark T. Romley Mark T. Romley Trial Attorney 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 Of Counsel: William Shapiro Trial Attorney Natural Resources Section Environment and Natural Resources Division United States Department of Justice Evelyn Kitay Surface Transportation Board Washington, DC

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