Buffalo Tp. v. Jones

• Decision Date: 31 December 2002
• Citation: 813 A.2d 659,571 Pa. 637
• Parties: BUFFALO TOWNSHIP, Appellee v. Carl E. JONES, Kathryn L. Jones, Larry W. Tredway, Kassie Tredway, David C. Jones, Sylvia J. Jones, Jerry Purcell and Margie Purcell, Appellants.
• Court: Pennsylvania Supreme Court

813 A.2d 659

571 Pa. 637

BUFFALO TOWNSHIP, Appellee v. Carl E. JONES, Kathryn L. Jones, Larry W. Tredway, Kassie Tredway, David C. Jones, Sylvia J. Jones, Jerry Purcell and Margie Purcell, Appellants.

Supreme Court of Pennsylvania.

Argued March 6, 2002.

Decided December 31, 2002.

William Claney Smith, Philadelphia, for appellant, Carl E. Jones

Alexander H. Lindsay, Butler, for appellant amicus curiae, Summit Tp.

Lawrence Paul Lutz, Butler, for appellee, Buffalo Tp.

Gwilym A. Price, Butler, for appellee amicus curiae, Allegheny Valley Land Trust's.

Laurel Broida Hartshorn, Saxonburgh, for appellee amicus curiae Rails to Trails Conservancy and Butler-Freeport Community Trail.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN SAYLOR and EAKIN, JJ.

OPINION

Justice CAPPY.

In this appeal, we consider whether the trial court properly granted a permanent injunction in favor of Appellee, Buffalo Township, prohibiting Appellants from interfering with Buffalo Township's recreational trail along a 20.7-mile right-of-way formerly known as the Butler Branch of the railroad that was operated by the Consolidated Rail Corporation (hereafter "Conrail"). The Commonwealth Court affirmed the trial court's order. For the reasons stated herein, we affirm the lower courts' grant of the permanent injunction in favor of Buffalo Township.

In the late 1860's, the Western Pennsylvania Railroad Company (which subsequently became part of Conrail) constructed a branch line known as the Butler Branch that ran between Freeport, Armstrong County and Butler, Butler County. During construction, the railroad obtained rights-of-way and easements over privately owned property through condemnation proceedings and right-of-way agreements.

On October 31, 1985, Conrail notified the Interstate Commerce Commission¹ (hereafter "ICC") of its intent to file an application to abandon the Butler Branch due to insufficient revenue. On June 8, 1987, Conrail filed a request for approval of abandonment of the Butler Branch with the ICC. On September 14, 1987, the ICC issued a certificate and decision authorizing Conrail to abandon the Butler Branch.

In the early spring of 1990, B. Sykes Limited (hereafter "B. Sykes"), a salvage company, purchased the rails and ties along the right-of-way from Conrail and removed these rails and ties. Conrail and Buffalo Township also filed a request for interim trail use pursuant to 49 C.F.R. § 1152.29(a) with the ICC. However, they withdrew this petition on September 12, 1990, after the ICC informed Conrail and Buffalo Township that it needed further information on whether Conrail had consummated abandonment of the subject property. On June 11, 1991, Conrail conveyed by quitclaim deed all of its rights, title and interest in the property to B. Sykes.² In turn, on June 14, 1991, B. Sykes conveyed its interest to Buffalo Township by quitclaim deed. Conrail reserved the right to reenter the land in both of the deeds. See Plaintiff's Exhibits 1 & 2.

In 1992, Buffalo Township began to develop the former railroad property as a recreational trail pursuant to the Pennsylvania Rails to Trails Act (hereafter "State Act"), 32 P.S. § 5611 et seq. and the National Trails System Act (hereafter "National Act"), 16 U.S.C. § 1241 et seq. Shortly thereafter, certain property owners along the right-of-way, Appellants herein, erected barriers to prevent passage on the newly developed trails asserting that Conrail had abandoned the right-of-way and thus, the right-of-way reverted to them. Buffalo Township then filed a complaint in equity in the Court of Common Pleas of Butler County and simultaneously filed a preliminary injunction seeking to enjoin Appellants from erecting barriers on its land.

On May 5, 2000, the trial court granted the preliminary injunction, preventing Appellants "from blocking, obstructing, threatening, intimidating, or coercing agents and employees of the Township of Buffalo or individuals using the Butler-Freeport Community Trail...." Memorandum Opinion and Order of Court dated July 31, 2000. On July 31, 2000, the trial court entered a final or permanent injunction³ preventing Appellants from denying access to the trail in any manner. The trial court filed an opinion in support of its order. The court explained that Appellees demonstrated a clear right to relief, since Conrail did not abandon the railway. Further, under the National Act, a conversion of property from a railroad to trail use did not constitute abandonment. Accordingly, Buffalo Township properly acquired Conrail's interest in the property.

On appeal, the Commonwealth Court affirmed. Buffalo Township v. Jones et al., 778 A.2d 1269 (Pa.Commw.2001). The court deferred to the trial court's determination that Conrail had not abandoned the right-of-way, concluding that Appellants could not meet their burden of demonstrating that the lower court abused its discretion. Additionally, the court held that Buffalo Township was not required to obtain ICC approval for the interim trail use so long as it in fact complied with the requirements of the National Act. Accordingly, the Commonwealth Court determined that the trial court's order granting "injunctive relief enjoining Property Owners from interfering with the public's use of the trail was appropriate." Id. at 1277.

This court granted allowance of appeal to consider whether the trial court properly granted a permanent injunction to Buffalo Township.

Appellants argue that Conrail abandoned the right-of-way prior to the transfer of the property to Buffalo Township via a quitclaim deed. According to Appellants, Conrail abandoned the property either when it filed a certificate of abandonment with the ICC or when it authorized salvage of the railroad tracks. Thus, Conrail had abandoned its interest in the property prior to the time it transferred its "interest". Alternatively, upon transfer of the property, Conrail abandoned the property since its interest in the property was limited solely to railroad purposes. Further, Appellants maintain that the lower courts improperly relied upon the National Act in determining that the property was not abandoned, since Conrail and Buffalo Township did not comply with the requirements of the National Act, and thus, that Act cannot preserve the transfer of the property to Buffalo Township. Accordingly, Appellants conclude that the property reverted to them under common law and the lower courts erred in granting the injunction in favor of Buffalo Township. Finally, Appellants assert that even if the property was not abandoned, the lower courts improperly granted the injunction, since Buffalo Township did not establish either a need for immediate relief or irreparable harm. Additionally, Appellants conclude that the trial court erred in failing to refer the abandonment issue to a jury.

Buffalo Township responds that the land was not abandoned at the time of the quitclaim deed, thus Conrail properly transferred its interest in the property. Further, the National Act and the State Act allows the transfer of the property. Alternatively, Buffalo Township offers that case law from Pennsylvania allows a railroad company to transfer the land to further a public use or purpose. In this case, the transfer served such purpose and thus, the property did not revert to the underlying landowners.

Initially, we note that in order to establish a claim for a permanent injunction, the party must establish his or her clear right to relief. See Boyle v. Pennsylvania Interscholastic Athletic Ass'n., Inc., 676 A.2d 695, 699 (Pa.Commw.1996). However, unlike a claim for a preliminary injunction, the party need not establish either irreparable harm or immediate relief and a court "may issue a final injunction if such relief is necessary to prevent a legal wrong for which there is no adequate redress at law." Soja v. Factoryville Sportsmen's Club, 361 Pa.Super. 473, 522 A.2d 1129, 1131 (1987). Additionally, when reviewing the grant or denial of a final or permanent injunction, an appellate court's review is limited to determining whether the trial court committed an error of law.⁴

In order to address Appellants' claims in this matter, we must first consider the nature of the property interest of the parties and whether Conrail abandoned its property interest under state law.⁵ The common law provided that the property interest reverted to the grantor or the grantor's successors upon abandonment of a railroad right-of-way. See Brookbank v. Benedum-Trees Oil Co., 389 Pa. 151, 131 A.2d 103, 112 (1957); Quarry Office v. Philadelphia Electric Co., 394 Pa.Super. 426, 576 A.2d 358, 363 (1990). "[A]n estate in reversion is the residue of an estate left to the grantor, to commence in possession after the determination⁶ of some particular estate granted out by him." Smith v. Glen Alden Coal Co., 347 Pa. 290, 32 A.2d 227, 234 (1943) (citing Blackstone, Vol. 2. § 176). A reversionary interest is used to define the interest that a person has in the reversion of property. See BLACK'S LAW DICTIONARY 1186 (5th Edition 1979). It is the right to "the future enjoyment of property, at present in the possession or occupation of another." Id. Thus, upon the determination of the railroad's estate, i.e., abandonment of the right-of-way by the railroad, the property would "revert" to the landowner.

In evaluating whether the user abandoned the property, the court must consider whether there was an intention to abandon the property interest, together with external acts by which such intention is carried into effect. Lawson v. Simonsen, 490 Pa. 509, 417 A.2d 155, 160 (1980); see also Burnier v. Dep't of Envtl. Resources, 148 Pa.Cmwlth. 530, 611 A.2d 1366, 1368 (1992). In order to establish the abandonment of a right-of-way, the evidence must show that the easement holder intended to give up its right to use the easement permanently. Thompson v. R.R. Preservation Society, 417 Pa.Super. 216, 612 A.2d 450, 453...