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Buffalo Township v. Jones

Order enjoining defendant property owners from blocking a Buffalo Township recreational trail affirmed because the trail was a right-of-way over private property secured by Conrail in the 1860's, and Conrail did not abandon the right of way prior to the Township's acquisition because Conrail reserved the right to reenter and resume railroad activities; the Township had authority to develop a recreational trail even though it did not receive prior approval from the Interstate Commerce Commission.

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Argued: May 7, 2001

Carl E. Jones, Katheryn L. Jones, Larry W. Tredway, Kassie Tredway, David C. Jones, Sylvia J. Jones, Jerry Purcell and Margie Purcell (collectively, Property Owners) appeal from an order of the Court of Common Pleas of Butler County (trial court) granting a permanent injunction enjoining them from blocking or obstructing a recreational trail or threatening, intimidating or coercing agents and employees of Buffalo Township or users of the trail.

This controversy involves a dispute over whether a 20.7-mile long right-of-way formerly known as the Butler Branch of a railway owned and operated by Consolidated Rail Corporation (Conrail) has been abandoned and, if not abandoned, whether it can be used by Buffalo Township as a recreational trail. In the late 1860s, Conrail (formerly known as the Western Pennsylvania Railroad Company) constructed the Butler Branch that ran between Freeport, Armstrong County and Butler, Butler County. In the process of constructing the railway, Conrail secured rights-of-way and easements over privately-owned property through condemnation proceedings and right-of-way agreements. *fn1

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