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Burgoyne, LLC v. Chicago Terminal Railroad Company, et al.

Paid petition · Appellate Court of Illinois, First District, No. 1-19-0098 · judgment June 25, 2020

Certiorari denied · May 3, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Petitioner owns a parcel of land in Chicago, Illinois. Chicago Terminal Railroad formerly had the right to operate a portion of rail line subject to a conditional easement over a portion of Petitioner’s property. The easement terminated according to its terms. Nevertheless, Chicago Terminal Railroad entered into an agreement with the City of Chicago to receive compensation for the terminated easement pursuant to The National Trails System Act. There is an irreconcilable split between state courts regarding whether the Surface Transportation Board can convert an expired easement by compensating the railroad, which holds no valid title, for access to create a recreational trail, a purpose not permitted by the easement’s terms. The questions presented are:

  1. Whether the National Trails System Act, 16 U.S.C. § 1241 et seq., precludes state courts from resolving, for purposes of state property law, competing claims to property rights.

  2. Whether Congress intended to create a massive takings scheme when it enacted the National Trails System Act.

Counsel of record

For petitioner
George S. Bellas
Bellas & Wachowski

For respondent
Benna Ruth Solomon
Corporation Counsel of the City of Chicago

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Mar 08 2021
    Waiver of right of respondent City of Chicago to respond filed.
  4. Mar 01 2021
    Petition for a writ of certiorari filed. (Response due April 7, 2021)