Maria and Marcos Toscano v. United States

Decision on Class Certification in a Rails-to-Trails case


This case involves a rails-to-trail takings case brought as a class action involving a 24-mile trail located in Weber and Davis Counties of Utah. The Government had argued in this case that the statute of limitations had expired for those class members not already identified in the complaint because class certification was sought after expiration of the limitations period. But the Court of Federal Claims trial judge disagreed, holding that the case falls squarely within an earlier Federal Circuit holding tolling the statute of limitations for all putative plaintiffs once class certification is sought. In this case, the plaintiffs has not filed a motion to certify, but had stated their intent to do so in their complaint.

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States

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