Corr Cronin Obtains 9th Circuit Victory for King County Recreational Trails

August 3, 2018

Corr Cronin attorneys Emily Harris, Mallory Satre and Ben Byers, in conjunction with the King County Prosecutor’s Office, prevailed again in Rails-to-Trails litigation on behalf of King County.  The Ninth Circuit Court of Appeals issued two opinions upholding King County’s ownership and rights to build recreational trails on former BNSF rail corridors which now comprise the Eastside Rail Corridor Trail and the East Lake Sammamish Trail.  Scores of adjacent landowners sued King County in two lawsuits seeking to quiet title and arguing that King County only had a limited surface easement.  King County counterclaimed for declaratory judgment and quiet title.  The Ninth Circuit opinions affirm the United States District Court’s grants of summary judgment to King County in Kaseburg v. King County and Hornish v. King County.

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