Free Motion for Partial Summary Judgment - District Court of Federal Claims - federal

Case 1:01-cv-00718-ECH

Document 30

Filed 12/01/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) RON AND BETTY BLENDU, et al., ) ) Plaintiffs, ) No. 01-718 L v. ) ) Judge Emily C. Hewitt UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE QUESTION OF LIABILITY WITH RESPECT TO THE 1875 ACT LANDS Pursuant to the Court's Order of November 7, 2006 (Doc. 28), and the agreement of the parties at a telephonic status conference held with the Court on that same date, the parties hereby jointly cross-move for summary judgment on the question of liability with respect to those claims involving segments of the railroad right-of-way that consist of easements created under the General Railroad Right-of-Way Act of March 3, 1875, ch. 152, 18 Stat. 482 (codified as 43 U.S.C. §§ 934-939 (1982)) (the "1875 Act"). This joint motion is based on the cross-motions for summary judgment previously filed on the same questions of law in Hash v. United States, No. CV99-324S-MHW (D. Idaho). The parties stipulate that the claims of (1) plaintiffs Robert and Cynthia Jepsen and (2) plaintiff Evelyn Snider involve segments of the railroad right-of-way at issue in this case that were originally created under the 1875 Act. This factual stipulation is expressly based on information available and known to the parties at this time, and is subject to modification or revocation by either party should additional factual information come to light that affects the accuracy of this stipulation.

1

Case 1:01-cv-00718-ECH

Document 30

Filed 12/01/2006

Page 2 of 3

The Hash cross-motions for summary judgment and related submissions that are now filed for this Court's consideration as attachments to this joint motion are as follows: Exhibit No. 1 2 Name of Hash Filing Defendant's Motion for Summary Judgment as to the Category 1 Lands and Supporting Memorandum Defendant's Proposed Findings of Uncontroverted Fact in Support of Its Motion for Summary Judgment as to the Category 1 Lands Defendant's Summary Judgment Appendix Brief of Amicus Curiae Rails-to-Trails Conservancy in Support of Defendant's Motion for Summary Judgment Plaintiffs' Cross-Motion for Summary Judgment as to the Category 1 Lands and Supporting Memorandum Plaintiffs' Proposed Findings of Uncontroverted Fact in Support of Their Cross-Motion for Summary Judgment as to the Category 1 Lands Plaintiffs' Summary Judgment Appendix, Part 1 Plaintiffs' Summary Judgment Appendix, Part 2 Plaintiffs' Summary Judgment Appendix, Part 3 Plaintiffs' Summary Judgment Appendix, Part 4 Plaintiffs' Response in Opposition to Defendant's Motion for Summary Judgment as to the Category 1 Lands Plaintiffs' Response to Defendant's Proposed Findings of Uncontroverted Fact Defendant's Reply Brief in Support of Its Motion for Summary Judgment as to the Category 1 Lands Defendant's Response to Plaintiffs' Proposed Findings of Uncontroverted Fact Plaintiffs' Reply Brief in Support of Their Cross-Motion for Summary Judgment as to the Category 1 Lands 2 Hash PACER Doc. No. Doc. 155 Doc. 155

3 4 5 6

Doc. 155 Doc. 157 Doc. 164 Doc. 164

7 8 9 10 11

Doc. 164 Doc. 164 Doc. 164 Doc. 164 Doc. 165

12 13 14 15

Doc. 165 Doc. 166 Doc. 166 Doc. 170

Case 1:01-cv-00718-ECH

Document 30

Filed 12/01/2006

Page 3 of 3

Dated: December 1, 2006 Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment & Natural Resources Division s/ Lary C. Walker LARY C. WALKER WALKER LAW OFFICE 232 East Main Post Office Box 828 Weiser, ID 83672 TEL: (208) 414-0390 FAX: (208) 414-0404 E-MAIL: [email protected] Attorney for Plaintiffs s/ Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583/FAX: (603) 225-1577 E-MAIL: [email protected] Attorney for Defendant OF COUNSEL: ELLEN D. HANSON, General Counsel EVELYN KITAY, Attorney Surface Transportation Board 1925 K Street, N.W., Suite 600 Washington, D.C. 20423-0001

3