The Surface Transportation Board reaffirms that its regulatory processes must be followed in order to extinguish a railroad's common carrier obligation. Lack of use of a rail line and removal of tracks are not sufficient...more
Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York. Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more
That was at least partially the question that a recent Lycoming County Court of Common Pleas decision answered in the matter of Swift v. Heltman, et al. In that case, the Plaintiff attempted to claim by adverse possession,...more
Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more