Riffin v. Surface Transportation Board

Summary

The D.C. Circuit denied Riffin’s petition for review of the Surface Transportation Board’s refusal to compel a railroad to issue a deed to him personally after the railroad had conveyed the property to an LLC he controlled. The court held that the Board’s role ended after approving the transaction and determining the offeror’s financial responsibility, and that it lacked authority to resolve the alleged contractual dispute between the railroad and the acquiring offeror.

Holdings

1. When the railroad and the offeror have agreed upon the terms of a transaction in an abandonment proceeding, the Surface Transportation Board's role is limited to determining the offeror's financial responsibility; the Board does not resolve later contractual performance disputes or compel issuance of a new deed.
2. The petition for review was denied because Riffin identified no relevant authority establishing that the Surface Transportation Board could compel the railroad to issue a new deed or resolve a contract dispute between the railroad and the acquiring offeror.

Questions Presented

1. Whether the Surface Transportation Board had authority to compel the abandoning railroad to issue a new deed or otherwise resolve an alleged contract dispute after the parties had agreed to the terms of the transaction.
2. Whether the Board properly denied Riffin's motion to compel issuance of a deed to him personally.

Disposition

writ_denied