151766P.pdf   03/25/2016  Dorothy Trevarton  v.  State of South Dakota
   U.S. Court of Appeals Case No:  15-1766
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Loken, Author, with Murphy and Colloton, Circuit Judges] 
   Civil case - Railroads. After the Surface Transportation Board determined 
   that the railroad easement in question was not abandoned, the easement was 
   conveyed to defendants pursuant to the an interim trail use agreement; the 
   issue plaintiffs raise, whether defendants in managing the trail violated 
   plaintiffs' property rights as servient landowners was not within the 
   exclusive jurisdiction of the STB, and the court erred in dismissing the 
   claim on the ground it was; however, the plaintiffs' alternate claim for a 
   declaratory judgment defining the parties' rights to use the easement is 
   dismissed for failure to state a claim upon which relief can be granted.