Two hundred fourteen Sarasota, Florida, landowners represented by True North Law filed their concluding brief in 4023 Sawyer Road I LLC, et al. v. United States in the U.S. Court of Federal Claims supporting their pending motion for summary judgment.  The landowners took advantage of the recent decision of the U.S. Court of Appeals for the Federal Circuit in Barlow v. United States, where the court of appeals ruled that Illinois landowners were entitled to compensation because the original deeds between the owners’ predecessors-in-title to the railroad conveyed only an easement to the railroad for operation of railway.  In Barlow, the Federal Circuit considered many of the same types of deeds at issue in 4023 Sawyer Road and the related case of Barron v. United States.  Although Barlow involved Illinois law, Florida law tracks Illinois law on these points.

The landowners motion for summary judgment is available here, and the government’s cross-motion for summary judgment is available here.  The landowners’ concluding brief is available here.  The landowners in Barron also filed a notice with the court, advising the court that the Federal Circuit’s decision in Barlow also supports the Barron landowners’ pending motion for summary judgment.  The Barron notice of supplemental authority is available here