SNEE et al v. USA

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-cv-00199-DAT Document55-~ Filed 01/23/26 Page 1 of 66

In the Aunited States Court of Federal Claims

No. 24-199
Filed: January 23, 2026

PATRICK SNEE, et al.,
Plaintiffs,

v.

THE UNITED STATES,

Defendant.

Steven M. Wald, with Michael J. Smith, Thomas S. Stewart, and Reed W. Ripley, Stewart, Wald
& Smith, LLC, St. Louis, MO, for Plaintiffs.

Emily A. Davis, Environment and Natural Resources Division, Natural Resources Section, with
Adam R.F. Gustafson, Acting Assistant Attorney General, U.S. Department of Justice,
Washington, D.C., for Defendant.

MEMORANDUM OPINION AND ORDER!

TAPP, Judge

Plaintiffs seek just compensation for the United States’ uncompensated taking related to
their New York properties. They now move for partial summary judgment as to liability. (Pls.’
Mot., ECF No. 43).” Plaintiffs ask this Court to find that the: (1) source conveyances granted
easements to the railroad under New York law; (2) recreational trail use exceeds the scope of
those easements; (3) Plaintiffs regained fee simple ownership of the land underlying the railroad
corridor based on their adjacency to the rail line; and (4) the issuance of the Notice of Interim
Trail Use (“NITU”) effected a taking. (/d.). The United States objects in part and cross-moves
for partial summary judgment. (Def.’s Mot., ECF No. 45). The United States argues that the
Plaintiffs cannot show: (1) that they have an ownership interest in the rail corridor; (2) causation
or just compensation for several Plaintiffs, due to the existence of the Maybrook Trail; and (3)
that the Railroad would have abandoned the rail line absent the NITU. (/d.).

' This Opinion is substantively identical to the Court’s analysis in an indirectly related action,
Zanzarella v. United States, __ Fed. Cl. __—, 2025 WL 3628241, at *2 (Fed. Cl. Dec. 15, 2025)
(“Zanzarella’).

This Motion is filed on behalf of 93 landowners who own 104 parcels of land as a collective.
(Pls.’ Mot. at 1, ECF No. 43).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
The Court finds that Plaintiffs’ source documents conveyed easements to the railroad.
The Court also finds that while the pre-existing recreational trail does not affect causation, it may
nevertheless impact just compensation—an issue overlooked by the Plaintiffs. To that end, the
United States has taken a portion of Plaintiffs’ property for public use, but several claims have
failed to demonstrate an interest in the land underlying the rail corridor. Therefore, summary
judgment is GRANTED-IN-PART and DENIED-IN-PART.
I. 	Background
This rails-to-trails case concerns a 41.1-mile section of rail line running from the
Connecticut/New York State Line (Milepost 71.2) to Beacon, New York (Milepost 0.0) across
Dutchess and Putnam Counties (the “Line”). (Compl. ¶ 3, ECF No. 1; Pls.’ Mot. at 1).
(Pls.’ Mot., Ex. 2 at 7, ECF No. 43-2). The Line was previously owned by the Maybrook
Railroad Company, which in 1992 acquired 157 miles of railroad that included this segment.
(See Pls.’ Mot., Ex. 9 (“Danbury Terminal R.R. Co. and Maybrook Properties, Inc.-Acquisition
and Operation Exemption-Consolidated Rail Corp., ICC Docket No. FD 32180 (Sub-No. 1)
(served Dec. 29, 1992), available at 1992 WL 383337”), ECF No. 43-9). In 1995, ownership of
the Line transferred to the Metro-North Commuter Railroad Company (“MNR”). (Pls.’ Mot. at 5
(citing Pls.’ Ex. 11, ECF No. 43-11)).
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3
Under the Trails Act, a railroad may initiate abandonment proceedings of a rail line
before the Surface Transportation Board (“STB”). 49 U.S.C. § 10903; see 16 U.S.C. § 10502. It
is not uncommon for a railroad to abandon all or some portion of its line. The Trails Act permits
intervention by qualified private organizations or public agencies to railbank the corridor before
abandonment is consummated by agreeing to serve as a trail operator in the interim. 16 U.S.C. §
1247(d). The railbanking intervention process enables a railroad to negotiate with the intervening
entity, which then assumes financial and managerial responsibility for the corridor by operating
it as a recreational trail. 28 A.L.R. Fed. 3d Art. 6 (citing Preseault v. ICC, 494 U.S. 1, 6–7,
(1990) (“Preseault I”)). To allow for this process, the STB may issue a NITU. 49 C.F.R. §
1152.29. If the railroad and trail sponsor agree, then the parties notify the STB, the corridor is
railbanked, the STB retains jurisdiction, and “interim trail use is thereby authorized.” Preseault I,
494 U.S. at 7 n.5 (1990); see also 16 U.S.C. § 1247(d); 49 C.F.R. § 1152.29(h). If an agreement
is not reached, the railroad may exercise its STB-granted authority to abandon the line. 49 C.F.R.
§ 1152.29(d)(1), (e)(2); see Citizens Against Rails-to-Trails v. STB, 267 F.3d 1144, 1150–53
(D.C. Cir. 2001).
In December 2023, MNR filed a Verified Notice of Exemption of Abandonment
(“Abandonment Application”) with the STB. (Pls.’ Mot., Ex. 22, ECF No. 43-22). MNR also
formally requested a NITU with MNR as the trail sponsor, (id., Ex. 2), which the STB issued on
February 8, 2024, (id., Ex. 3, ECF No. 43-3). Per the NITU, MNR was required to notify the
STB of a trail use agreement prior to its expiration on February 8, 2025. (Id., Ex. 3 at 3). MNR
filed for and was granted an Extension of the Interim Trail Use Negotiation period, which is now
set to expire on February 8, 2026. (Id., Ex. 190, ECF No. 43-190).
II. 	Analysis
A. 	Standard of Review
Each party moves for summary judgment. The Court may “grant summary judgment if
the movant shows that there is no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” RCFC 56(a). The moving party bears the burden of
demonstrating the absence of any genuine issue of material fact. See Celotex Corp. v. Catrett,
477 U.S. 317, 323 (1986). Facts are material if they “might affect the outcome of the suit.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine factual dispute exists
when “the evidence is such that a reasonable [factfinder] could return a verdict for the
nonmoving party.” Id.
While “inferences to be drawn from the underlying facts . . . must be viewed in the light
most favorable to the party opposing the motion[,]” United States v. Diebold, Inc., 369 U.S. 654,
655 (1962), summary judgment may still be granted when the party opposing the motion submits
evidence that “is merely colorable . . . or is not significantly probative.” Anderson, 477 U.S. at
249–50 (internal citations omitted). However, the moving party “need not produce evidence
showing the absence of a genuine issue of material fact but rather may discharge its burden by
showing . . . that there is an absence of evidence to support the nonmoving party’s case.”
Dairyland Power Co-op. v. United States, 16 F.3d 1197, 1202 (Fed. Cir. 1994) (citing Celotex
Corp., 477 U.S. at 325). Courts may only grant summary judgment when “the record taken as a
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 3 of 66

4
whole could not lead a rational trier of fact to find for the non-moving party[.]” Matsushita, Elec.
Indus. Co., Ltd. v. United States, 475 U.S. 574, 587 (1986) (quoting First Nat. Bank of Ariz. v.
Cities Serv. Co., 391 U.S. 253, 289 (1968)). A trial court is permitted, in its discretion, to deny
even a well-supported motion for summary judgment if the case would benefit from a full
hearing. Lowery v. United States, 167 Fed. Cl. 28, 37 (2023) (citing United States v. Certain Real
& Pers. Prop. Belonging to Hayes, 943 F.2d 1292 (11th Cir. 1991)).
B. 	Discussion
In Trails Act cases, a taking occurs when “government action destroys state-defined
property rights[,]” either “by converting a railway easement to a recreational trail, if trail use is
outside the scope of the original railway easement[,]” or by compelling the continuation of a
railroad-purposes easement to accommodate negotiations for a trail-use agreement, even if the
negotiations are ultimately unsuccessful. Ladd v. United States, 630 F.3d 1015, 1019, 1025 (Fed.
Cir. 2010); see also Caquelin v. United States, 959 F.3d 1360, 1367 (Fed. Cir. 2020)
(“Caquelin”). The determinative issues for takings liability are: (1) whether the railroad acquired
full ownership of the land (fee simple) or merely easements; (2) if only easements were acquired,
whether those easements were limited to railroad use or also permitted future use as public
recreational trails; and (3) whether any such easement permitting recreational trail use expired
before the alleged taking, leaving the landowners with full, unencumbered ownership at that
time. Galt Auto. Warehouse, Inc. v. United States, 179 Fed. Cl. 138, 143 (2025) (citing Preseault
v. ICC, 100 F.3d 1525, 1550 (Fed. Cir. 1996)); see also Ellamae Phillips Co. v. United States,
564 F.3d 1367, 1373 (Fed. Cir. 2009) (outlining the determinative issues for takings liability).
Importantly, property rights are determined by the operation of state law. Castillo v. Diaz, 952
F.3d 1311, 1319 (Fed. Cir. 2020).
This analysis becomes more complicated when a trail use agreement has not been
reached. The Federal Circuit has held that in cases where no trail use agreement is reached, but
the NITU compels the railroad to delay its abandonment, the issuance of a NITU may effect a
temporary physical taking. Ladd, 630 F.3d at 1023–24. To show causation when no trail use
agreement exists, it must be clear that the railroad “had every intent to abandon the railroad lines
during the period of time that the NITU was in effect and was prevented from doing so by the
existence of the NITU.” Memmer v. United States, 50 F.4th 136, 145 (Fed. Cir. 2022). To
evaluate the railroad’s intent, the Court may look to a variety of circumstances, including: the
railroad’s initiation of abandonment proceedings; its refusal to extend the NITU; the timing of its
abandonment relative to the NITU’s expiration; the scope of authority granted under the NITU;
and whether the railroad undertook physical acts consistent with abandonment, such as removing
track infrastructure, et cetera. See Galt Auto., 179 Fed. Cl. at 144 (citing Sauer West LLC v.
United States, 151 F.4th 1339, 1346 (Fed. Cir. 2025)). These factors are illustrative, not
exhaustive. See Sauer West, 151 F.4th at 1346.
Plaintiffs move for summary judgment, requesting the Court find that the
condemnations—through which the constructing railroad acquired the Line—conveyed only
easements limited to railroad purposes, and recreational trail use exceeds the scope of those
easements. (Pls.’ Mot. at 12–21). Plaintiffs also contend they have established a property interest
in the rail corridor based on New York’s centerline presumption. (Id. at 17–18). Finally,
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5
Plaintiffs seek summary judgment, asserting that the issuance of a NITU caused a taking. (Id. at
18–21).
The United States cross-moves for summary judgment, dividing the Plaintiffs into two
separate groups, Groups C and D.3 (Def.’s Mot. at 1–3). The United States moves for summary
judgment for claims premised on the centerline presumption (“Group C”) and those adjacent to
the “pre-existing Maybrook Trail” (“Group D”). (Def.’s Mot. at 1–2). Finally, the United States
claims that none of the Plaintiffs in this matter can demonstrate that MNR would have
abandoned the rail line absent the NITU. (Id. at 3).
1. 	Under New York law, the Railroad obtained easements limited to railroad
purposes, and Trail use is beyond the easement’s scope.
Plaintiffs allege that the railroad acquired the Line through condemnations, which
necessarily means that the railroad acquired an easement limited to railroad purposes under New
York law. (Pls.’ Mot. at 12–22). Further still, Plaintiffs assert that the easements acquired are
specifically limited to railroad purposes. (Id.). In its response, the United States expressly states
that it did not contest that “the original railroad acquired an interest in the corridor via
condemnation” or that “those condemnation deeds convey[ed] easements for railroad purposes
under New York law[.]” (Def.’s Mot. at 12 n.5).
It is well established that condemnations convey easements limited to railroad purposes
in the state of New York. (See Pls.’ Mot., Ex. 4, ECF No. 43-4 (The New York Railroad Act of
1850 (“the GRA”), §§ 14–21, 25–26, 28)). New York courts have consistently held that the
GRA4 does not permit railroads to acquire property in fee pursuant to condemnation. Crouch v.
State, 218 A.D. 356, 358 (N.Y. App. Div. 1926) (“[T]he general rule is that unless express
authority to take a fee is given, the railroad company acquires title only in the nature of an
easement.”) (citing Hudson & Manhattan R. R. Co. v. Wendel, 193 N.Y. 166, 177, 179 (1908));
Erie Lackawanna Ry. Co. v. State, 38 A.D.2d 463, 464 (N.Y. App. Div. 1972); People v.
Helinski, 222 A.D.2d 788, 790 (N.Y. App. Div. 1995) (finding the subject property was acquired
3 The United States notes that these naming conventions are adopted from its Cross-Motion for
Partial Summary Judgment on Liability in the indirectly related case Zanzarella v. United States,
No. 24-239, 2025 WL 3628241 (Fed. Cl. Dec. 15, 2025). (Def.’s Mot. at 1 n.1). In that case,
Group C encompassed claims premised on the centerline presumption and Group D
encompassed properties adjacent to the Maybrook Trail. See Zanzarella, 2025 WL 3628241, at
*3.
4 The GRA, passed by the New York State Legislature, was formally titled “An Act to authorize
the formation of railroad corporations, and to regulate the same[,]” passed on April 2, 1850. See
N.Y. Law ch. 140 (1850); (Pls.’ Mot., Ex. 4, ECF No. 43-4). Though they have similar naming
conventions, this is not to be confused with the federal General Railroad Right-of-Way Act of
1875, 18 Stat. 482, 43 U.S.C. §§ 934–939. See Marvin M. Brandt Revocable Trust v. United
States, 572 U.S. 93, 98 (2014) (discussing the congressional passage of the General Railroad
Right-of-Way Act).
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 5 of 66

6
through condemnation and thus the railroad could only acquire a permanent easement, not title in
fee) (citing O&W Lines, Inc. v. St. John, 228 N.E.2d 370, 371 (N.Y. 1967)). Because the law in
New York is clear, and this issue is undisputed, the Court finds that a railroad’s interests in land
acquired via condemnation can only amount to an easement limited to railroad purposes and not
a fee title. Therefore, Plaintiff’s succeed on this claim.
Plaintiffs also argue that recreational trail use exceeds the scope of the railroad’s
easements. (Pls.’ Mot. at 15–17). Again, the United States raised no objections to this claim. (See
Def.’s Mot.). Because this issue is uncontested, the Court finds that Plaintiffs have successfully
shown that trail use exceeds the scope of the railroad’s easements.
2. 	Centerline Presumption
The Court next turns to the parties’ dispute regarding the applicability of the “centerline
presumption.” The “centerline presumption” generally assumes that property owners whose land
borders a railroad or road also own the land up to the centerline of that right-of-way, unless state
law or the original deed shows otherwise. Castillo, 952 F.3d at 1311, 1314, 1320 (citing Banks v.
Ogden, 69 U.S. 57, 68 (1864)). The presumption is just that—a presumption. It may be rebutted.
Under New York law, the presumption is displaced where adequate evidence, including the deed
or relevant surrounding circumstances, demonstrates that the original grantor intended to convey
no more than the land up to the road’s edge. Marks v. Gaeckle, 156 N.Y.S.3d 402, 404 (N.Y.
App. Div. 2021); Bashaw v. Clark, 699 N.Y.S.2d 533, 537 (N.Y. App. Div. 1999). Courts
consider various factors, including the deed’s language, land layout, and actions of past owners,
to determine intent. DiMarino v. United States, 179 Fed. Cl. 119, 123 (2025) (citing Marks, 156
N.Y.S. at 404), opinion clarified, 178 Fed. Cl. 733 (2025). When there is doubt as to intent, it
can also be garnered from the practical construction of the grantor and grantee and their
successors in title. Id. (citing Lehrman v. Lake Katonah Club, Inc., 794 N.Y.S.2d 670 (N.Y. App.
Div. 2005)).
Plaintiffs now seek to establish their ownership of the land adjoining and underlying
those segments of the corridor where the railroad acquired only an easement for railroad
purposes. (Pls.’ Mot. at 17–18). If they can prove adjacency, Plaintiffs then aim to assert a
property interest in the rail corridor under New York’s centerline presumption. (Id.). In its
response, the United States does not raise arguments contesting whether any of the properties are
adjacent to the Line. (See Def.’s Mot.). However, the United States challenges the application of
the centerline presumption for the Group C Plaintiffs and moves for summary judgment,
asserting that Plaintiffs’ “deed instruments do not convey an ownership interest to the Plaintiffs
in the underlying corridor.” (Id. at 11–18). The United States further maintains that Plaintiffs rely
broadly on the exhibits attached to their Motion without substantively addressing what those
exhibits actually show. (Id.). Specifically, the United States argues that, based on the “metes and
bounds descriptions” and “attached maps/plats of the land,” the documents demonstrate an intent
of the original grantor “to limit the conveyances to the exterior of the Beacon Line corridor.” (Id.
at 13).
In response, Plaintiffs assert that the United States places too much emphasis on the fact
that some of the deeds either describe various properties as running “along” the rail line or
identify particular “lot[s.]” (Pls.’ Reply at 2–12 (“If the government was correct, then any
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Case 1:24-cv-00199-DAT Document55- Filed 01/23/26 Page 7 of 66

delineation of a public way of any type or style for any deed would rebut the presumption before
it could ever arise.”’)). Plaintiffs also argue that a deed’s reference to directions, boundaries, or
mapped lines does not overcome the centerline presumption under New York law. (/d.). Finally,
Plaintiffs suggest that unless the United States can provide evidence, “in the form of chain of
title or otherwise,” which demonstrates that the Plaintiffs sought to retain only a reversionary
interest in the rail corridor, then the centerline presumption cannot be rebutted. (/d. at 10).

Plaintiffs’ arguments imply that the deeds fail to reveal the boundaries their predecessors
intended to convey. That is not so. New York courts routinely ascertain such boundaries directly
from the deed. Marks, 156 N.Y.S.3d at 404 (stating that the subject deed defined the properties
boundary as the ““[e]asterly line’—1.e., the outer edge—of the 30-foot private road, supporting
the defendant’s contention that the deed expressly excluded the disputed strip[.]””); see also City
of Albany v. State, 270 N.E.2d 705, 707 (N.Y. 1971) (“[W]hen the deed describes the grant as
starting at a corner of an intersection, and then running along parallel to or bounding on a street
or streets to the beginning point , the grant is limited to the exterior line of the street[.]””). To
overcome the centerline presumption, the deed must include language that affirmatively limits
the scope of the conveyance. Town of Clifton Park v. Boni Builders, Inc., 156 A.D.3d 1035, 1037
(N.Y. App. Div. 3rd Dept. 2017) (citing Lamm v. Mauser, 132 A.D.3d 1120, 1123) (finding that
utilization of terms such as “along a curve” and “the point or place of beginning” are “descriptive
reference points” but do not indicate an intent to limit the conveyance to the edge of the
boundary.); Town of Lake George v. Landry, 96. A.D.3d 1220, 1223 (N.Y. App. Div. 3rd Dept.
2012) (finding that a deed expressly limiting the conveyance to the “westerly bounds of a right of
way” precluded a determination that the defendant’s property extended to the eastern boundary
of the adjoining parcel). Therefore, mere reference to metes and bounds, even where those
bounds coincide with mapped lines, is insufficient to establish an intent to exclude the adjacent
road’s exterior.

Accordingly, where the deed lacks clear limiting language, the centerline presumption
remains intact; conversely, where such limiting language is present, the presumption is rebutted.
Therefore, the Court GRANTS-IN-PART and DENIES-IN-PART both Plaintiffs’ and the
United States’ motions for partial summary judgment as to the centerline presumption in
accordance with the chart below:

_ . Centerline
Plaintiff Claim Deed :
/ Parcel No. No. guage R = —

“Beginning on the northerly line of Fishkill
Creek Road at the southwest corner of
Ruckman and running thence along the
northerly line of said road North 83° 47’ West
269.88 feet to the easterly exterior line of Rebutted, does
the Dutchess and Columbia Railroad Co.; not apply
thence along said line North 42° 56’ East
402.91 feet to a point on said line at the
northwest corner of said Ruckman; thence
along the westerly line of said Ruckman

Patrick Snee:
132800-6356-01- 1
462839-0000

8
South 1° 06’ East 322.51 feet to a point or
place of beginning”
(Pls.’ Ex. 25a).
Joseph & Patricia
Aiello: 134089-
6857-00-452460-
0000
2
“All that certain piece or parcel of land lying
and situate in the Town of Pawling, County of
Dutchess, and State of New York, shown and
designated as Lot 2 on a certain map entitled,
“Subdivision Plat prepared for Adams”,
prepared by Zarecki & Associates, LLC, on
file with the Dutchess County Clerk as
Filed Map #12441, being more particularly
bounded and described as follows:
BEGINNING at a point on the easterly line of
N.Y.S. Route 292 at the northwest corner of
lands now or formerly Adams and the
southwest corner of lands now or formerly
Town of Pawling Cemetery; RUNNING
THENCE the following nine (9) courses and
distances along the Town of Pawling
Cemetery; . . .
RUNNING THENCE along the lands now or
formerly of Ballard;
• North 46° 10’ 35” East, 8.95 feet;
• North 87° 16’ 20” East, 38.03 feet;
• North 83° 54’ 45” East, 35.92 feet;
• North 87° 40’ 11” East, 87.80 feet;
• South 85° 35’ 45” East, 46.23 feet;
• South 83° 32’ 47” East, 183.45 feet to a
point on the westerly line of Metro-North
Commuter Railroad;
THENCE RUNNING southwesterly on a
curve to the right having a radius of 2,242.51
and an arc length of 706.08’ (chord, South 18°
41’ 09” West, 703.17 feet); . . .”
(Pls.’ Ex. 26a).
Rebutted, does
not apply
Julius Almenas: III:
13.-2-87 3
“ALL that certain plot, piece or parcel of land,
situate, lying and being in Town of Patterson,
County of Putnam and State of New York,
shown and designated as Lot No. 42 on a
certain map entitled, “Final Subdivision
Plat of O’Hare Subdivision Section II”,
filed in the Putnam County Clerk's Office
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 8 of 66

9
on September 25, 1992 as Filed Map 2360-
B, also being more particularly bounded and
described as follows: BEGINNING at the
intersection of Lot 42 and Lot 41, as shown on
the above described map, with the southerly
side of Fox Hill Terrace; RUNNING
THENCE along said division line South 35
degrees 8’ 54” West 358.11 feet; THENCE
along the division line between Lot 41 and
Lots 36 and 37, North 76 degrees 2’ 47” West
534.02 feet; THENCE along the division
line between Lot 42 and the lands now or
formerly of the New York/New Haven
Railroad, the following courses and
distances: North 20 degrees 18’ 39” East
45.00 feet; North 14 degrees 27’ 42” test
31.23 feet; North 3 degrees 9’ East 141.38
feet; North 2 degrees 41’ 27” East 80.50 feet;
North 1 degree 3’ 27” East 30.00 feet; . . .”
(Pls.’ Ex. 27a).
Mario & Evette
Alti: 132800-6357-
04-927335-0000
4
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, known as Lot No. 17 as shown
on a map entitled “Shadowbrook Estates,
Subdivision Plat for Herbert Stenger”, and
filed in the Dutchess County Clerk’s Office
as Map No. 5055 on January 20, 1977, said
lot being more particularly bounded and
described as follows: BEGINNING at a point
on the westerly side of Shadow Lane at the
division line between Lot No. 17 and Lot No.
18 on said map; RUNNING thence along said
westerly side of Shadow Lane on a curve to
the left having a radius of 175.00 feet, a
distance of 17.00 feet; THENCE South 15°
30’ 00” West 63.11 feet, and along a curve to
the left, having a radius of 100.00 feet, a
distance of 23.00 feet to the division line
between Lot No. 17 and Lot No. 16 on said
map; RUNNING thence along said division
line South 87° 16’ 15” West 355.14 feet to
lands now or formerly of the Town of East
Fishkill; RUNNING thence along said lands
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 9 of 66

10
North 21 ° 48’ 18” West 219.88 feet to lands
now or formerly Metro North, formerly
Penn Central Railroad; RUNNING thence
along said lands North 61 ° 46’ 10” East
95.00 feet to the division line between Lot No.
17 and Lot No. 18 on the above mentioned
map; . . .”
(Pls.’ Ex. 28a).
Nicola Apap:
134089-6856-00-
417666-0000
5
“All that certain plot, piece or parcel of land
situate, lying and being in the Town of
Pawling, County of Dutchess and State of
New York known and designated as Lot No.
11 on a certain map entitled, “Subdivision
Plat of Willow Lake Estates, Town of
Pawling, Dutchess County, New York”,
dated January 26, 1977 and filed in the
Dutchess County Clerk’s Office on June 30,
1977 as Filed Map #5183, being more
particularly bounded and described as
follows: BEGINNING at a point on the
westerly boundary line of a proposed public
road to be known as Maria Drive . . .; thence
from said point of beginning westerly along
the said division line between lot 10 & 11,
South 68° 00' 00” West 247.40 feet to the
easterly boundary line of lands now or
formerly New York, New Haven &
Hartford Railroad; thence northerly along
the same, North 18° 30' 30” West 290.54 feet
to a point where said easterly boundary line
of lands now or formerly of New York,
New Haven and Hartford Railroad is
intersected by the division line between lots
11 & 12 a shown on aid Filed Map #5183;
thence easterly along said division line of lots
11 & 12, North 68° 00' 00” East 229.71 feet to
the point on the westerly boundary line of the
first mentioned Maria Drive; thence southerly
along the same, South 22° 00' 00” East 290.00
feet to the point of BEGINNING.”
(Pls.’ Ex. 29a).
Rebutted, does
not apply
Ark of Grace
Ministries, Inc.: 6
“ALL THOSE CERTAIN PLOTS, pieces, or
parcels of land, with the buildings and
improvements thereon erected, situate, lying
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 10 of 66

11
134089-6857-00-
614585-0000
and being in the Town of Pawling, County of
Dutchess, State of New York, being bounded
and described as follows: PARCEL I
BEGINNING at a point marked by a concrete
monument on the Westerly line of New York
State Route 55, said point being the
Northwesterly corner of lands now or
formerly of Cunningham and the
Northeasterly corner of the herein described
parcel, . . . , thence running South 37° 42’ 00”
West 574.55 feet through said Grape Creek,
to a point on the Easterly right-of-way line
of lands now or formerly of Conrail; thence
running along said lands now or formerly
of Conrail, the following courses and
distances: North 09° 42' 00” East 741.20 feet
to a point; thence running Northeasterly on a
curve to the right having a radius of 1,860.58
feet for an arc length of 578.97 feet; thence
running North 27° 31' 30” East 365.30 feet to
a point; thence running Northwesterly on a
curve to the left having a radius of 2,341.51
feet for an arc length of 875.59 feet to a point;
thence running North 06° 06' 00” East 225.00
feet to a point; thence running North 03° 55'
50” West 237 .55 feet to the Southwesterly
corner of lands now or formerly of United
States of America, formerly Shatz; thence
running South 85° 49' 27” East 966.94 feet to
the Westerly line of New York State Route
55; . . . .”
(Pls.’ Ex. 30a).
Saundra
Armstrong:
132800-6557-03-
382137-0000
7
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, being known and designated as
Lot No. 7 on a certain map entitled,
“Subdivision Plan for Walton Realty Inc.,
Town of East Fishkill, Dutchess County,
New York” dated April 22, 1998 and filed
in the Office of the County Clerk of
Dutchess County on September 21, 1999 as
Map No. 10874 being more particularly
bounded and described according to said map
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 11 of 66

12
as follows: BEGINNING at a point on the
easterly side of Falcon Crest Court where the
division line between lots 6 and 7 on the
aforementioned map intersects said easterly
side of Falcon Crest Court; RUNNING
THENCE North 50 degrees 55 minutes 09
seconds East 300.46 feet; THENCE South 80
degrees 29 minutes 00 seconds East, 197.85
feet; THENCE South 16 degrees 46 minutes
00 seconds West, 110.03 feet; THENCE
South 68 degrees 01 minutes 40 seconds
West, 304.52 feet; THENCE North 82 degrees
31 minutes 0 seconds West, 101.09 feet to the
easterly side of Falcon Crest Court; THENCE
northerly on said side of Falcon Crest Court
along a curve to the left having a radius of
65.00 feet and an arc length of 52.82 feet to
the point and place of BEGINNING.”
(Pls.’ Ex. 31a).
Beacon
Commercial Realty
Properties, LLC:
130200-6055-80-
459170-0000
8
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the City of Beacon,
County of Dutchess and State of New York
bounded and described as follows:
BEGINNINC at intersection of the southerly
line of Fishkill Avenue with the northeasterly
line of lands of Sambells and running thence
with line of lands of Sambells south sixty (60)
degrees twenty one (21) minutes thirty (30)
seconds east one hundred thirty and five
tenths (130.5) feet to the northwesterly line
of the New York, New Haven & Hartford
Railroad Co. thence with the northwesterly
line of the New York, New Haven &
Hartford Railroad Co. north twenty five
(25) degrees forty (40) minutes east fifty
and twelve hundredths (50.12) feet; thence
with other lands of party of the first part
(Eraca) north sixty (60) degrees twenty one
(21) minutes thirty (30) seconds west one
hundred twenty seven and three hundredths
(127.03) feet to the southeasterly line of
Fishkill Avenue aforesaid; . . . .”
(Pls.’ Ex. 32a).
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 12 of 66

13
Beacon Lodge No.
1493, Benevolent
Protective Order of
Elks (BPOE):
130200-6054-37-
004630-0000
9
“BEGINNING at a point in the northeasterly
side of Wolcott Avenue formerly called
Wiccopee Street at its junction with the south
easterly side of Fulton Avenue formerly called
William Street and running thence along the
southeasterly side of Fulton Avenue north
forty two degrees thirty minutes east four
hundred sixty seven feet six inches more or
less, . . . , and Gibney and along the southwest
line of land conveyed to Harrison B. Ellis,
three hundred thirty one and five tenths feet
more or less to the northwest side of
Tioronda Avenue thence south forty two
degrees thirty minutes west along the
northwest side of Tioronda Avenue three
hundred four and eight tenths feet more or
less to Wolcott Avenue and thence along
Wolcott Avenue northwesterly three hundred
fifty three feet six inches to the place of
beginning. Being all of the land conveyed by
William Rothery to James G. Meyer by deed
dated May 8, 1896 recorded May 12, 1896 in
Liber 285 of deeds at page 389, in the
Dutchess County Clerk's Office. Excepting
however therefrom a small parcel of land
on Tioronda Avenue which was heretofore
conveyed to the Newburgh, Dutchess and
Connecticut Railroad Company and the
parcels conveyed by James G. Meyer and
others to Arcelious Moss, Louis Deitz,
James J. Gibney, Egbert A. Eastwood,
Julia Van Buren, and Harrison B. Ellis.”
(Pls.’ Ex. 33a).
Rebutted, does
not apply
Joseph Bochichio:
132800-6357-04-
933354-0000
10
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situated, lying and being in the Town
of East Fishkill, County of Dutchess, State of
New York, known and designated as Lot No.
18 on a map entitled “Shadowbrook Estate,
Sub-division Plat for Herbert Stenger” and
filed in the office of the Dutchess County
Clerk as filed Map No. 5055.”
(Pls.’ Ex. 34a).
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 13 of 66

14
Daniel P. & Jeanne
Burke: 132800-
6657-03-124222-
0000
12
“Beginning at a point on the Easterly side of
Old Road 52 which said point is the
Southwesterly corner of lands now or
formerly of Union Church and the Northwest
corner of the premises herein described; . . . ;
thence Southerly along lands now or formerly
of said Van Anden South 7°29’25” West
45.19 feet to a point in the Northerly line of
lands now or formerly of Penn Central
Railroad which said point is the
Southeasterly corner of the herein
described premises; thence Westerly along a
curve to the right having a radius of 1860.50
feet a length of 282.58 feet to a point on the
Easterly side of Old Route 52 which said
point is also the Southwesterly corner of the
herein described premises; thence Northerly
along Old Route 52 North 18°28’39” West
125 feet to the point or place of beginning.”
(Pls.’ Ex. 35a).
Rebutted, does
not apply
Robert Caccomo:
134089-6855-02-
748688-0000
13
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of
Pawling, County of Dutchess and State of
New York shown and designated as Lot No. 2
on a certain map entitled, “Subdivision of
Amico Nuriza” filed in the Dutchess
County Clerk's Office, on April 16, 1985 as
Map No. 7212 being more particularly
bounded and described as follow:
BEGINNING at a point on the westerly side
of Route 292 where same is intersected by the
division line between lands now or formerly
of Leight on the south and the herein
described premises on the north; . . .
THENCE continuing along said lands, South
83 degrees 41' 58” West 33.51 feet to a point;
THENCE continuing North 16 degrees 33'
00” West 741.37 feet to a point on the
division line between Parcels 1 and 2 on
said map; THENCE continuing along said
division line, South 71 degrees 26' 38” East
207.80 feet and North 81 degrees 33' 22” East
285.00 feet to the westerly side of Route 292;
THENCE continuing along the westerly side
of Route 292 South 01 degrees 54' 39” West
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 14 of 66

15
52.32 feet to the point and place of
BEGINNING.”
(Pls.’ Ex. 36a).
Christine A.
Callahan: 132800-
6356-02-532956-
0000
14
“ALL that certain plot piece or parcel of land,
situate, lying and being in the TOWN OF
EAST FISHKILL, County of Dutchess and
State of New York, and being more
particularly described as Lot No. 1 on a map
entitled Section 2, Lomala Land
Development Corp. prepared by Ernst
Martin, L.S. and filed in the Dutchess
County Clerk's Office on March 16, 1973
as Map No. 4087.”
(Pls. Ex. 37a).
Applies
Gregory & Jaclyn
Chamberlain:
132800-6356-01-
364717-0000
15
“ALL that certain plot, piece, or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, known and designated as Lot 4-1 as
shown on a map entitled “SUBDIVISION
PLAT - SECTION 4 & SECTION 5 -
Lomala DEVELOPMENT CORP., situate
in the Town of East Fishkill, Dutchess
County, N.Y.”, dated May 1981, revised
October 22, 1981, prepared by Ernst Martin,
L.L.S., and filed in the Dutchess County
Clerk's Office on October 30, 1981 as filed
map # 6240, bounded and described as
follows: BEGINNING at a steel pin set on the
northeasterly line of Lomala Land {a/k/a}
Brooklyn Drive as per filed map) marking the
northwesterly line of the Metro North
Railroad, (formerly Dutchess-Columbia R.R.
Co.), thence northeasterly along the division
line between the herein described parcel
and the northwesterly line of the Metro
North Railroad, North 42-34-50 East 270.00
feet to a steel pin marking the southeasterly
corner of the lands now or formerly Joseph
Longhitano as described in Liber 1758 cp 282
(Lot 4-2, filed map 6240), . . .”
(Pls. Ex. 38a).
Applies
John & Alexandra
Colbert: 134089- 16 “FIRST DESCRIBED PARCEL:
BEGINNING at the northeast corner and Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 15 of 66

16
6855-00-537924-
0000
running due west along lands of Joseph
Holmes to a brook and lands owned by
George Turner to the next brook west and
lands owned by Captain James Turner to the
west side of the New York and New
England Railroad about eight (8) rods;
thence north to a spring of water to a post
driven in the ground for a boundary; thence
east along lands of Captain James Turner to
the New York and New England Railroad;
thence north along said railroad to a culvert in
said railroad . . .
Parcel A: “BEGINNING at a point at the
southeast corner of the premises herein
described said point being the intersection of
the westerly side of the New York, New
Haven, Hartford Railroad Company and the
northeast line of property formerly of
Miller…running thence South 86° 35’ 00”
East 65.28 feet to the lands of the New
York, New Haven, Hartford Railroad,
running thence South 01° 49’ 00” East
54.05 feet . . .”
(Pls.’ Ex. 39a).
James Anthony
D'Amato
Irrevocable Trust:
132800-6357-04-
700183-0000
17
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill: 24 Helin Drive Hopewell
Junction, New York 12533 (Parcel
Number: 132800-6357-04-700183-0000)”
(Pls.’ Ex. 40a).
Applies
Paul & Dana
D'Amore: 134089-
6856-00-469425-
0000
18
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of Pawling, County of Dutchess and State of
New York, described as Lot No. 1 on a
certain map entitled “Subdivision Plat
prepared for Wendy and Fred H. Lates,
III, situate in the Town of Pawling”, which
plat was filed in the Dutchess County
Clerk's Office on November 18, 1982, as
Map No. 6500, containing by estimation
2.8558 acres more or less.”
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 16 of 66

17
(Pls.’ Ex. 41a).
Frank Michael
Demaria & Kara
Chamberlain: 13.-
2-41
19
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of
Patterson, County of Putnam, State of New
York, known and designated as Lot No. 11 on
a certain map entitled, “Map One, Mooney
Hill Heights” which map was filed in the
Putnam County Clerk's Office on March
22, 1961 as Map No. 908.”
(Pls.’ Ex. 42a).
Applies
Trevor DiStefano:
132800-6557-04-
956163-0000
20
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon,
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, known and designated as Lot
No. 1 on a certain map entitled,
“Subdivision Plat of Pond View Estates”,
dated September 29, 1992 and last revised
February 4, 2004 and filed September 28,
2005 in the Office of the Dutchess County
Clerk as Map No. 1185, said lot being
bounded and described as follows:
BEGINNING at a point on the northerly side
of Route 52 where the division line between
Lot No. 1 and Lot No. 2 as shown on the
aforementioned map intersects the northerly
side of Route, 52; . . . THENCE along said
last mentioned land, North 21 degrees 53
minutes 00 seconds East, 632.03 feet to land
now or formerly of Consolidated Rail
Corporation; THENCE along said last
mentioned land, South 78 degrees 41
minutes 00 seconds East, 151.11 feet to the
division line between Lot No. 1 and Lot No. 4
on the aforementioned map; . . . .”
(Pls.’ Ex. 43a).
Applies
DKH Realty, LLC:
130200-6055-80-
443076-0000
21a
“BEGINNING at a point on the south line of
Fishkill Avenue, Beacon-Fishkill State
Highway, Route 52, said point being South
29° 38' 30” W a distance of 253.38 feet from
the southwest comer of lands now or formerly
of G. Gravelin, thence South 60° 10' 32” E for
138.58 feet along the South Line of a 12-inch
block wall within the building said line
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 17 of 66

18
passes, through said line is also North of the
North face of a line of Steel Columns, to the
North line of the former New York, New
Haven and Hartford Railroad, thence
southerly along said line on a curve
concave to the South with a radius of
3,224.17 feet for a distance of 96.08 feel to
lands now or formerly of Shaw Holding
Corp., thence along said line North 60° 21'
30” W for 136.46 feel to the South line of
Fishkill Avenue aforesaid, thence North 29°
38' 30” E for 96.49 feet to the point and place
of beginning.”
(Pls.’ Ex. 44a).
DKH Realty, LLC:
130200-6055-80-
450087-0000
21b
“BEGINNING at an iron pin on the South line
of Fishkill Avenue, Beacon-Fishkill State
highway, Route 52 said point being South 29°
38' 30” W a distance of 128.38 feet from the
southwest comer to lands now or formerly of
F. Gravelin, thence South 60° 01' 07” E for
137.09 feet to the north line of the former
New York, New Haven and Hartford
Railroad, thence southerly along said line
on a curve concave to the south with a radius
of 3,224.17 feet for a distance of 125.32 feet,
thence North 60° 10' 32” W for 138.58 feet to
highway line aforesaid, thence North 29° 38'
30” East for 125.00 feet to the point and place
of beginning.”
(Pls.’ Ex. 44a).
Rebutted, does
not apply
DKH Realty, LLC:
130200-6055-80-
455098-0000
21c
“BEGINNING at an iron pin on the south line
of Fishkill Avenue, Beacon-Fishkill Highway,
Route 52, which point is the southwest corner
of lands now or formerly of G. Gravelin;
thence South 29° 38' 30” West 128.28 feet to
a point, said point also being on the south line
of said street and said point being the
southwest corner of the herein described
parcel and the northwest comer of lands now
or formerly of Hudson Motors Corp., thence
South 60° 01' 07” or East 137.09 feet to the
north line of the former New York, New
Haven and Hartford Railroad: thence on a
curve to the north with a radius of 3,224.17
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 18 of 66

19
feel for a distance of 122.78 feet thence North
25° 40' 00' East 6.29 feel to the southeast
corner of said lands now or formerly of F.
Gravelin; thence along the line of Gravelin
North 60° 21' 30' West 130.50 feet to the
place of beginning.”
(Pls.’ Ex. 44a).
DKH Realty, LLC:
130200-6055-80-
439071-0000
21d
“Parcel II: All that tract or parcel of land
situated in the City of Beacon, County of
Dutchess, State of New York bounded and
described as follows:
Beginning as a point, said being the
intersection of the northerly line of lands now
or formerly Reinoehl North (Liber 433 CP
924) with easterly line of Fishkill Avenue and
thence running along said easterly line of
Fishkill Avenue North 29° 38’ 30” East
537.00 feet thence along the southerly line of
lands now or formerly Freedom Ford
(Brownell) South 60° 21’ 30” East, 136.38
feet; thence along the westerly line of lands
now or formerly Conn Rail Corporation,
along a curve to the right having a radius of
3224.17 feet and being distant southerly
541.60 feet; thence along said lands of
Reinoehl North 60° 21’ 30” West 71 feet to
the point of beginning.”
(Pls.’ Ex. 44d).
Rebutted, does
not apply
DKH Realty, LLC:
130200-6055-80-
424048-0000
21e
Colin & Kristy
Dunnigan: 132800-
6557-03-328185-
0000
22
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being designated as Lot No. 26 on a
certain map entitled, “Johnson Estates,
Section I, Town of East Fishkill, Dutchess
County, New York”, made by Richard G.
Barger, L.S. & P.E. dated April 18, 1991, last
revised March 26, 1992 and filed May 1,
1992, in the Office of the Dutchess County
Clerk as Filed Map No. 9470, being bounded
and described as follows: BEGINNING at a
point along the southerly line of Woodcrest
Drive, . . . RUNNING THENCE South 68°
44' 40” East 118.31 feet to a point along the
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 19 of 66

20
northerly line of the lands of Consolidated
Rail Corp.; RUNNING THENCE in a
westerly direction along the northerly line
of the Consolidated Rail Corp., North 81°
10' 45” West 299.34 feet to a point;
RUNNING THENCE on a curve to the right
with a radius of 2,815.43 feet and a length of
291.62 feet to the southeasterly corner of the
aforesaid Lot 25; RUNNING THENCE in a
northerly direction along the easterly line of
Lot 25 North 10° 34' 14” West 418.81 feet to
the point of BEGINNING.”
(Pls.’ Ex. 45a).
Raymond V. &
Sonia Earle:
132800-6657-03-
051177-0000
23
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess, and
State of New York, being designated as Lot
No. 6 on a certain map entitled
“Subdivision Plat of Pond View Estates”
filed in the Office of the Dutchess County
Clerk on September 28, 2005 as Filed Map
No. 11851.”
(Pls.’ Ex. 46a).
Applies
FPGU, Inc.:
130200-6055-80-
463114-0000
24
“BEGINNING at the intersection of the
southeasterly line of Fishkill Avenue with the
Northeasterly line of lands of Ross and
running thence along Fishkill Avenue 140
feet; thence South 60° 21’ 30” East to the
northwesterly line of the New York, New
Haven, and Hartford Rail Co.; thence with
the Railroad southwesterly to the easterly
corner of Ross; thence along the
northeasterly line of land of Ross North 60°
21’ 30” West 130.5 feet to the place of
beginning.”
(Pls.’ Ex. 47a).
Rebutted, does
not apply
Irma Farfaro
132800-6357-04-
819293-0000
25
“BEGINNING at a point on the southerly side
of the highway leading from Hopewell to
Fishkill Village, said point being the
northeasterly corner of the herein described
parcel and being 200.00 feet westerly from the
northwesterly corner of the land of Zago;
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 20 of 66

21
thence southeasterly S 45° 36' E 596.80 feet
to a point on a fence, northerly side of the
Newburgh, Dutchess and Connecticut
Railroad; thence easterly along said fence N
63° 33' E 200.00 feet to a fence corner; the
southwesterly corner of the aforementioned
Zago; thence southeasterly, crossing said
Railroad, S 37° 46' E 102.84 feet to a fence
corner, the northwesterly corner of the land of
Doughty; thence southeasterly along a fence,
the westerly line of said Doughty, S 34° 49' E
900.97 feet to a fence corner, the
southeasterly corner of the herein described
parcel; thence southwesterly along a fence,
the northerly line of said Doughty, the
following courses and distances, S 34° 46' W
302.71 feet, S 65° 51' W 27.42 feet, S 85° 30'
W 55.29 feet and S 27° 11' W 55.00 feet to a
point in the center of Fishkill Creek, being the
southwesterly corner of the herein described
parcel; thence northwesterly along the center
of said Creek, as it winds and turns, 1975 feet
more or less to a point, which point is N
56°16' W 1012.97 feet from the southwesterly
corner of the herein described parcel; thence
continuing northwesterly along the center of a
50 foot right of way N 35° 55' W 181.50 feet
to a point in the fence the southerly side of
the aforementioned railroad; thence
continuing northwesterly a continuation of
the same line the center of said right of
way, crossing said railroad N 35° 55' W
92.12 feet to a point on a fence the
northerly side of said railroad; thence
continuing northwesterly on a continuation of
the same line the center of said right of way
north 35°55' West 477. 76 feet to a point;
thence northeasterly along the center of said
right of way N 15° 05' E 102.29 feet to a
point, being the northwesterly corner of the
herein described parcel, on the southerly side
of the aforementioned highway; thence
easterly along the southerly side of said
highway the following courses and distances,
N 51° 48' E 167.47 feet, N 65° 26' E 66.10
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 21 of 66

22
feet and N 68° 52' E 171.42 feet to the point
or place of beginning.”
(Pls.’ Ex. 48a).
Faust Wilkins
Properties, LLC:
69.-1-11.2
26
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of
Southeast, County of Putnam and State of
New York, known and designated as Lot 2 on
a certain map entitled, “Final Subdivision
Plat of Route 6 East”, dated June 13, 1994,
revised August 18, 1994 and filed October
13, 1994 in the Putnam County Clerk's
Office as Filed Map No. 2627. Subject to an
access easement granted in Liber 1668 CP
386.”
(Pls.’ Ex. 49a).
Applies
Rodney Fergus:
133089-6155-03-
300486-0000
27
“ALL that lot, piece or parcel of land, situate,
lying and being in the Town of Fishkill,
County of Dutchess and State of New York,
shown and designated as Lot No. 1 on a
certain map entitled “Kip House
Subdivision Plat on file in the Office of the
Dutchess County Clerk as filed Map No.
10734. Said Lot No. 1 being more particularly
described as follows; BEGINNING at a point
in the southerly bounds of Old Glenham
Road, said point being an iron rod found at the
northeast corner of the herein described Lot
No. 1; THENCE RUNNING with the
southwesterly bounds of filed maps numbered
2352 and 2442, along iron rods set on line,
south 31 degrees 05 minutes 00 second east
851.40 feet to an iron rod set, south 27
degrees 27 minutes 58 seconds east 228.36
feet to an iron rod set south 31 degrees 31
minutes 18 second east 283.59 feet to an iron
rod set at the south corner of Lot No. 55 of
filed Map No. 2442 and in the northerly
bounds of lands now or formerly of the
Metro North Commuter Rail Road Co.
(Liber 1956 Page 339); THENCE
RUNNING with said lands of Metro North
south 64 degrees 23 minutes 13 seconds west
1672.19 feet to an iron rod set at the westerly
corner of lands now or formerly Mahopac
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 22 of 66

23
Park Terrace, Inc. (Parcel I of Liber 1433
page 334); . . .”
(Pls.’ Ex. 50a).
Alberto &
Elizabeth Garcia:
132800-6357-04-
753189-0000
29
“BEGINNING at a point on the Northeasterly
line of Helin Road, said point being the
intersection of the Northeasterly line of said
Helin Road with the Northwesterly line of
lands of Lot No. 2 as shown on a certain
map entitled, “Subdivision for Michael
McAllister” and recorded in the Dutchess
County Clerk's Office as Map Number
11128; RUNNING THENCE along the
Northeasterly line of said Helin Road, North
45 degrees 35 minutes 40 seconds West,
216.00 to a point on the Southeasterly line of
lands of Metro North: RUNNING THENCE
leaving said line and running along the
Southeasterly line of lands of said Metro
North, North 62 degrees minutes 40
seconds East, 380.00 feet to a point;
RUNNING THENCE leaving said line and
running along the Southwesterly and
Northwesterly lines of lands of aforesaid No.
2, as shown on said Map No. 11128, the
following: . . .”
(Pls.’ Ex. 52a).
Rebutted, does
not apply
Christian & Kristie
Gautier: 132800-
6357-04-962378-
0000
30
“ALL that certain plot, piece or parcel of land,
situate, lying and being In the Town of East
Fishkill, County of Dutchess and State of New
York, described as Lot No. 20 on a certain
map entitled, “Shadowbrook Estates”,
subdivision post for Herbert Stenger, and
filed In the Office of the Dutchess County
Clerk's Office as Flied Map No. 5055.”
(Pls.’ Ex. 53a).
Applies
Derek Gibb:
132200-6758-00-
815192-0000
33
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of Beekman, County of Dutchess and State of
New York, described as follows:
BEGINNING at an iron pipe on the
westerly boundary of the Depot Hill Road,
said pipe being on the westerly boundary of
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 23 of 66

24
the New York, New Haven and Hartford
Railroad; THENCE along the west side of
said road, North 11 degrees 33 minutes 42.82
feet to a pipe driven in the ground on the
south side of a thirty-three foot right of way; .
. . THENCE South 73 degrees 53 minutes
East about 200 feet to lands of the New
Yark, New Haven and Hartford Railroad,
which point is seventeen feet North 25
degrees 12 minutes East from an iron pipe
driven in the boundary line of said railroad
lands; THENCE along lands of said
railroad, North 25 degrees 12 minutes East,
300 feet to the point or place of
BEGINNING.”
(Pls.’ Ex. 55a).
Gisonni Living
Trust: 132800-
6457-04-941311-
0000
34
“ALL THE CERTAIN PLOT, PIECE OR
LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED,
SITUATED LYING AND BEING IN THE
TOWN OF EAST FISHKILL COUNTY OF
DUCHESS AND STATE OF NEW YORK,
BEING LOT NO. 27 ON “SUBDIVSION
PLAT FOR LUKE VISTAS SECTION 3”,
FILED JUNE 23, 1988 AS MAP NO. 8424.
Commonly known as: 12 Darci Drive,
Hopewell Junction, NY 12533[.]”
(Pls.’ Ex. 56a).
Applies
Sharon Gladman:
134089-6855-02-
752792-0000
35
“BEGINNING in the westerly line of the road
from Holmes to Whaley Lake (Route 216)
and the northeast corner of lands of Russell,
formerly Watson Ballard, and RUNNING
THENCE along the road northerly 133 feet
more or less to lands of White: THENCE
along the same westerly 333 feet more or less
to a corner; THENCE northerly 38 feet more
or less to the corner of the lands of Mina;
THENCE westerly 284 feet more or less to
the New Haven Railroad; THENCE along
the Railroad southerly 97 feet to a corner;
THENCE along lands of Callahan easterly
290 feet more or less to a corner and southerly
65 feet more or less to a corner; THENCE
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 24 of 66

25
along said lands of Russell easterly 350 feet
more or less to the place of BEGINNING.
Premises also described according to a survey
made by David L. Odell, PLS dated 11-28-18
as follows: ALL that certain plot, piece or
parcel of land situate, lying and being in the
Town of Pawling, County of Dutchess and
State of New York, bounded and described as
follows: . . . RUNNING THENCE along the
last mentioned dividing line, the following
two (2) courses and distances: North 8
degrees 36' 10” East, a distance of 63.50 feet;
North 87 degrees 51' 30” West, a distance of
295.52 feet to a point on the dividing line
between the premises herein described and
lands formerly New Haven Railroad, now
or formerly Consolidated Rail Corp;
RUNNING THENCE along the last
mentioned dividing line, North 4 degrees 05'
10” West, a distance of 97.52 feet to a point
on the dividing line between the premises
herein described and lands formerly Mina,
now or formerly Humphreys and Valente; . .
.”
(Pls. Ex. 57a).
Kimberly Gray:
133089-6155-01-
487580-0000
36
“All that tract or parcel of land situated in the
town of Fishkill, County of Dutchess, State of
New York, described as follows. Grid No.
133089- 6155-01-487580-0000.”
(Pls.’ Ex. 58a).
Applies
Christine M.
Harsaghy: 132800-
6657-03-426214-
0000
37
“Tax/Parcel ID No.: Section 6657 Block: 03
Lot: 426214 All that certain plot, piece of land
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, being shown and designated as
Lot 3 on a map entitled “Subdivision Plat for
Vassari Subdivision”, and filed in the
Dutchess County Clerk's Office on April 2,
2001, as Map # 11160, said lot being
particularly bounded and described as
follows: Beginning at a point in the northerly
line of Seaman Road, said point being the
southeast corner of Lot 2 as shown on aid
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 25 of 66

26
filed Map # 11160 and the southwest comer of
the herein described premises, and running
from thence along the easterly line of said Lot
2, North 03° 30' 00” East 473.92 Feet to a
point in the southerly line of lands now or
formerly of the Metro North Railroad;
thence along the southerly line of lands now
or formerly of the Metro North Railroad;
thence along the southerly line of said
railroad, South 57” 19' 00” East 143.17 feet
to the northwest corner of lot 4 as shown on
said map; . . ..”
(Pls.’ Ex. 59a).
Abigail &
Christopher
Hedden: 132800-
6356-01-386683-
0000
38
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, and known and designated as Lot No.
2 on a certain map entitled, “Map of
Subdivision for Haimelin &
Schiewschienko”, which said Map was filed
in the Dutchess County Clerk's Office on
October 6, 1987 as Map No. 8148.”
(Pls.’ Ex. 60a).
Applies
Kim & Thomas
Herman: 13.-2-39 39
“PARCEL I ALL THAT CERTAIN PLOT,
PIECE OR PARCEL OF LAND, SITUATE,
LYING AND BEING IN THE TOWN OF
PATTERSON, COUNTY OF PUTNAM,
AND STATE OF NEW YORK, BEING
BOUNDED AND DESCRIBED:AS
FOLLOWS: BEGINNING AT THE POINT
OF INTERSECTION OF THE SOUTHERLY
LINE OF MOONEY HILL ROAD AND THE
EASTERLY LINE OF LANDS NOW OR
FORMERLY OF A. B. PARKS, INC.; . . .
RUNNING THENCE SOUTH 86 DEGREES
00 MINUTES 56 SECONDS WEST 82.31
FEET AND SOUTH 88 DEGREES 44
MINUTES 31 SECONDS WEST 13.66;
CONTINUING THENCE ALONG LANDS
NOW OR FORMERLY OF NEW YORK
HAVEN AND HARTFORD RAILROAD
COMPANY SOUTH 77 DEGREES 02
MINUTES 21 SECONDS WEST 65.72 FEET
AND SOUTH 0 DEGREES 49 MINUTES 38
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 26 of 66

27
SECONDS EAST 224.32 FEET TO A
POINT ON THE LINE OF LANDS NOW
OR FORMERLY OF A.H. PARKS, INC.; . . .
PARCEL II ALL THAT CERTAIN PLOT,
PIECE OR PARCEL OF LAND, SITUATE,
LYING AND BEING IN THE TOWN OF
PATTERSON, COUNTY OF PUTNAM
AND STATE OF NEW YORK, BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE
MOST SOUTHERLY CORNER OF THE
PREMISES HEREIN DESCRIBED, SAID
POINT BEING DISTANT 49.5 FEET
EASTERLY FROM STATION 10477 34.5
OF THE MONUMENTAL CENTER LINE
OF THE RAILROAD FORMERLY
LEADING FROM BOSTON TO HUDSON
RIVER, MEASURED AT RIGHT
ANGLES THERETO; THENCE IN A
GENERAL NORTHERLY AND
NORTHWESTERLY DIRECTION IN A
LINE PARALLEL TO AND
CONCENTRIC WITH AND DISTANT
49.5 FEET EASTERLY AND
NORTHEASTERLY FROM SAID
CENTER LINE MEASURED AT RIGHT
ANGLES AND RADIALLY THERETO
RESPECTIVELY AND BOUNDED
WESTERLY AND NORTHWESTERLY
ON REMAINING RAILROAD LAND 955
FEET MORE OR LESS TO A POINT IN
THE SOUTHERLY LINE OF A
HIGHWAY; THENCE EASTERLY
ALONG SAID·SOUTHERLY LINE OF
SAID HIGHWAY 241 FEET MORE OR
LESS TO A POINT; . . . .”
(Pls.’ Ex. 61a).
Holcomb Trust:
132800-6457-04-
991177-0000
40
“BEGINNING at the northwesterly corner of
lands of Bryant M. Holcomb & Claudine
Fowler Allen Holcomb as described in deed
dated April 18, 2012 and recorded in the
Dutchess County Clerk's Office on April 25,
2012 in Deed Document No. 02-2012-1777,
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 27 of 66

28
said point being on the southerly side of
lands of Metro-North Commuter Railroad
Company as described in Deed Document
No. 02-2009-1705 and along the westerly side
of lands of Taconic State Parkway as
described In Book 418 of Deeds at Page 1,
said point being distant S 28°24'41” W 1.09
feet from a concrete monument found;
Thence from said point of beginning, along
the northerly bounds of said lands of
Holcomb and southerly bounds of said
lands of Metro North Commuter Railroad
Company, N 43°48'28” W 1,481.06 feet to a
capped iron rod set at the northerly end of
a stone wall at the northwesterly corner of
the herein described parcel; Thence
continuing along said division line in part,
along the division line of the herein described
parcel and Lots No. 27 through 31 and the
Easterly terminus of Andrews Road as shown
on a map entitled “Subdivision Plat for Lake
Vistas -3”
(Pls.’ Ex. 62a).
Jonathan
Humphreys &
Jennifer Valente:
134089-6855-02-
711829-0000
41
“Section 6855 Block 02 Lot 711829 County
or Town PAWLING Street Address 411
Route 292 Holmes, New York 12531.”
(Pls.’ Ex. 63a).
Applies
Michael Huxta:
130200-6054-30-
177846-0000
42
“Parcel II. Beginning in the northwesterly line
of Main Street at the northeasterly corner of
lands of Papo at a point distant north easterly
52.23 feet from the intersection of the
northwesterly line of Main Street with the
northeasterly line of Herbert Street and
running thence with the northwesterly line
of Main Street the following courses and
distances, north 42 degrees 5 minutes 20
seconds east 40 feet; thence north 29
degrees 58 minutes 40 seconds east 60.74
feet to an iron pin set in the ground; thence
with lands of Green Fuel Economizer Co.,
Inc. north 49 degrees 40 minutes west 86.11
feet; thence with other lands of Keating Estate
South 38 degrees 58 minutes 40 seconds west
100.44 feet; thence with other lands of Papo
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 28 of 66

29
south 50 degrees six minutes east 93.42 feet to
the place of beginning.”
(Pls.’ Ex. 64a).
J & T Sunset
Farms, LLC:
132800-6457-04-
971374-0000
43a
“BEGINNING in the line of lands of Rapelje
now or formerly; and RUNNING North 64
degrees 45’ East 864.00 feet crossing the
New York N.H. & H.R.R.; THENCE North
41 degrees 05’ West, 350.00 feet; North 39
degrees 00' West 505.00 feet; THENCE South
36 degrees 20' West, 175.00 feet; South 52
degrees 00' East, 146.00 feet; and South 65
degrees 00' East, 170.00 feet to lands of
Fowler now or formerly; THENCE
Southwesterly along Fowler, South 33 degrees
30’ West crossing the N.Y.N.H. & H.R.R.
1270.00 feet to lands now or formerly of
Dutchess Park Knolls, Inc.; THENCE
northwesterly along a stone wall 730 feet
more or less to the point and place of
BEGINNING. Subject to the rights of the
N.Y.N.H. & H.R.R. Co. EXCEPTING, all
lands south of and including the bed of The
N.Y.N.H. & H. R.R. Co.”
(Pls.’ Ex. 65a).
Applies
J & T Sunset
Farms, LLC:
132800-6557-03-
046356-0000
43b
“ALL that certain plot piece or parcel of land,
situate, in the Town of East Fishkill, Dutchess
County, New York, bounded and generally as
follows: On the north by lands of Joseph
Genung and Francis Berry; on the east by
lands of Thomas Baldwin and the Public
Highway; leading from Hopewell to the
Fishkill and Stormville Road; on the south
and west by lands of John B. Emans.
Containing fifty-seven acres of land, more or
less; formerly occupied by John C. Luyster,
now deceased. This description being taken
from a deed from John P. Luyster to Stephen
McCabe dated April 6th 1867 and recorded in
the Dutchess County Clerk's Office April 6th
1867 in Liber 139 page 47, etc.”
(Pls.’ Ex. 65d).
Unclear,
questions of
fact remain for
trial
J & T Sunset
Farms, LLC: 43c “BEGINNING at the northwest comer of the
farm of John O. and Emma Langenegger;
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 29 of 66

30
132800-6557-03-
205343-0000
THENCE RUNNING westerly along a stone
wall and in a line in continuation thereof to
lands of the Emedine Farm; THENCE
southerly along the east line of the Emedine
Farm to land of the New York and New
Haven Railroad Company; THENCE
easterly along the northerly line of lands of
said Railroad Company to the public
highway leading to Fishkill Furnace;
THENCE northerly along the highway to the
southeast comer of lands of said Langenegger;
. . . .”
(Pls.’ Ex. 65d).
Aaron & Kristine
Jackson: 134089-
6856-00-472512-
0000
44
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of
Pawling, County of Dutchess, and State of
New York being known and designated as
Lot 1 on a certain map entitled,
“Subdivision Plat Prepared for W. Robert
Weidner & Carey L. Weidner” dated
5/1/85 and filed in the Dutchess County
Clerk's Office on 8/20/85 as Filed Map No.
7349.”
(Pls.’ Ex. 66a).
Applies
JAT Farms, LLC:
134089-6855-00-
581869-0000
45
“BEGINNING at a point in the westerly line
of Route 216, the said point being the
southeasterly corner of the herein described
parcel and being the northeasterly corner of
lands now or formerly of David Turner;
thence along the westerly line of Route 216
the following four courses and distances:
North 11 ° 02' East 148.29 feet; North 23° 50'
East 207.42 feet; North 01 ° 51' West 55.11
feet North 06° 47' West 135.93 feet to the
southeasterly comer of lands now or formerly
of North; . . . thence along the northerly line
of lands now or formerly of David Turner the
following nine courses and distances: South
87° 40' East 206.21 feet; South 89° 10' East
313.00 feet; South 87° 30' East 228.41 feet;
South 89° 32' East 1148.49 feet; South 86° 56'
East 84.56 feet; South 86° 37' East 228.97
feet; South 82° 22' East 102.04 feet South 88°
56' East 399.10 feet; South 87° 35' East
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 30 of 66

31
259.61 feet to the point or place of beginning.
EXCEPTING AND RESERVING Lots 1, 2,
and 3 on Map No. 9071.
ALSO excepting any land in the bed of the
Railroad.”
(Pls.’ Ex. 67a).
Joe's Hill Road,
LLC: 68.-2-41 46
“Beginning at a point marked by a State
Highway monument at the intersection of the
Easterly side of Joes Hill Road and the
Northerly side of State Highway #1455 (U.S.
Route #6) thence running from said point of
beginning as thus established and along the
Easterly side of said Joes Hill Road and part
of the distance along the road face of a stone
wall the following courses and distances, to
wit: North 0 degrees 09 minutes 20 seconds
West 36.65 feet to a point marked by a State
Highway monument; North 20 degrees 59
minutes 10 seconds West 107.89 feet; North
27 degrees 17 minutes 00 seconds West 63.85
feet; North 18 degrees 55 minutes 40 seconds
West 26.18 feet; North 12 degrees 29 minutes
00 seconds West 75.31 feet; North 77 degrees
31 minutes 00 seconds East 3.00 feet and
North 9 degrees 23 minutes 20 seconds East
19.49 feet to lands of the New York, New
Haven and Hartford Railroad; Thence
running along the said lands of the New
York, New Haven and Hartford Railroad
South 83 degrees 19 minutes 50 seconds
East 304. 79 feet to a point and to other lands
of James Snidero and Ida M. Snidero, his
wife; . . .”
(Pls.’ Ex. 68a).
Applies
Gayle Johnson:
132800-6356-01-
391707-0000
47
“ALL that certain plot, piece, or parcel of land
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, being bounded and described as
follows: BEGINNING at the intersection of
the northeasterly side of Brooklyn Drive
with land now or formerly of the
Consolidated Rail Corp., said point being
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 31 of 66

32
North 84 degrees 32' East 990 feet +/- or
South 16 degrees East 680 +/- from the
southeasterly corner of lands now or
formerly Consolidated Rail Corp., North
42 degrees 56'00” East 286.74 feet to a
point; thence along lands now or formerly
Browne, (Liber 1396 cp 374), South 37
degrees 24'00” East 225.45 feet to a point;
thence along lands now or formerly of
Petrovicik (Liber 1611, cp 897), South 51
degrees 39'00” West 196.10 feet to a point;
thence along the northeasterly line of
Brooklyn Drive, North 62 degrees 52'00”
West 200.00 feet to the point or place of
BEGINNING.”
(Pls.’ Ex. 69a).
Jenette Klein:
132200-6757-00-
198491-0000
48
“BEGINNING at the southwest corner, a
point marked by a iron pipe set in the
northeasterly line of the lands of the New
York, New Haven and Hartford Railroad
and in the easterly line of South
Greenhaven Road and continuing from said
point of beginning, thence northerly along the
easterly line of South Greenhaven Road, N 16
deg. 52' 40” W 876.40 feet to a iron pipe set
marking the southwest corner of the lands of
Herman G. & Ethel M. Gotsch, . . . thence
southerly along the westerly line of the lands
of Garlando, the following seven courses and
distances S 20 deg. 31' 50” E 357.06 feet, S
20 deg. 12’ 40” E 175.75 feet, S 19 deg. 57'
50” E 195.59 feet, S 20 deg. 20’ 00” E 289.03
feet, S 18 deg. 51’ 00” E 109.71 feet, S 22
deg. 24’ 40” E 207.75 feet, and S 20 deg. 36'
20” E 152.75 feet to an iron pipe set
marking a corner in the northwesterly line
of the lands of the New York, New Haven
& Hartford Railroad, said point also
marking the southeast corner of the herein
described parcel, thence southwesterly and
westerly along the northwesterly and
northerly line of the lands of said railroad,
on a curve to the right of radius 1357.69 feet
an arc distance of 890.00 feet, thence S 4 deg.
30' 50” W 25.50 feet, thence northwesterly
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 32 of 66

33
along the northeasterly line of the lands of
said railroad on a curve to the right of radius
1383.19 feet an arc distance of 700.00 feet,
thence still along the northeasterly line of
the lands of said railroad, N 56 deg. 48' 20”
W 1226.96' to the point or place of beginning,
containing 82.648 acres of land.”
(Pls.’ Ex. 70a).
The Kosilla Family
Irrevocable Trust:
132800-6357-04-
724202-0000
49
“BEGINNING at a point on the Northerly
exterior line of the New York, New Haven
and Hartford Railroad Co. at its intersection
with the Easterly line of Helin Road and
running along the line of said road North 43°
56' West 130.01 feet; thence along the,
Southerly line of Flagler Road on a curve
convex to the West having a radius of 27.30
feet and a length northerly 51.17 feet and
thence North 63° 28' East 260.95 feet; thence
leaving said road and running along lands of
now or formerly K. Helin South 26° 32' East
155.74 feet to the line of said railroad;
thence along the exterior line of said
railroad South 62° 35' 40” West 248.16 feet
to the point of beginning containing one
acre of land be the same more or less.”
(Pls.’ Ex. 71a).
Rebutted, does
not apply
Beth & Bruce
Kraemer: 134089-
6856-00-426641-
0000
50
“Town of Pawling, County of Dutchess and
State of New York, known and designated
as Lot No. 10 on map entitled “Subdivision
Plat of Willow Lake Estates, situate in the
Town of Pawling, Dutchess County, New
York” surveyed and prepared by Badey &
Watson, L.S., dated January 26, 1977 and
filed in the Office of the Clerk of the
County of Dutchess on June 30, 1977 as
Map No, 5183, said lot being bounded and
described according to said map as follows:
BEGINNING at a point on the westerly side
of Maria Drive where the same is intersected
by the dividing line between Lot Nos. 9 and
10 on said map; THENCE: along the last said
dividing line South 46° 00' 00” West 285.72
feet to lands now or formerly of the New
York, New Haven and Hartford Railroad.
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 33 of 66

34
THENCE along the last said lands North
18° 30' 30” West 287.57 feet to the dividing
line between Lot Nos. 10 and 11 on said map;
THENCE along the last said dividing line
North 68° 00’ 00” East 247.40 feet to the
westerly side of Maria Drive; and THENCE
along the same South 22° 00' 00” East 180.00
feet to the point and place of BEGINNING.”
(Pls.’ Ex. 72a).
Lank's Automotive,
Inc.: 130200-6055-
80-407023-0000
51
“BEGINNING at the intersection of the
Southeasterly line of Fishkill Ave with the
Southwesterly line of lands of Shaw, and
running thence with the Southeasterly line of
Fishkill Avenue South-westerly one hundred
thirty five (135) feet more or less to the
intersection of the Southeasterly line of
Fishkill Ave with the Northeasterly line of
the New York, New Haven, and Hartford
Railroad Company, thence with said
Railroad Company line Southeasterly
thirty nine (39) feet more or less to a point
fifty (50) feet distance North-westerly
measured radially from the centerline of
the New York, New Haven, and Hartford
Railroad; thence with the Northwesterly
line of the New York, New Haven, and
Hartford Railroad Company on a curve to
the left parallel with the centerline of said
Railroad and fifty (50) feet distant
therefrom Northeasterly one hundred forty
five (145) feet more or less to the line of lands
of Shaw; thence with the line of lands of
Shaw Northwesterly seventy one (71) feet
more or less to the place of beginning.”
(Pls.’ Ex. 73a).
Rebutted, does
not apply
Lara, LLC:
132800-6357-04-
830320-0000
52a
“BEGINNING at a point on the southerly line
of N.Y.S. Route 82, said point being the
intersection of the southerly line of N.Y.S.
Route 82 with the easterly line of lands now
or formerly Farfaro (L. 1427 P. 605); thence
along the easterly line of N.Y.S. Route 82,
North 65-09-28 East 200.00 feet and North
63-25-21 East 72.15 feet to a point; thence
along Parcel 1 as shown on said filed Map No.
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 34 of 66

35
9175, South 45-43-42 East 561.43 feet to a
point; thence along lands now or formerly
Consolidated Rail Corporation, South 59-
50-28 West 226.12 feet to a point; thence
along lands now or formerly Farfaro (L. 1427
P. 605), North 49-18-05 West 596.88 feet to
the point or place of beginning. Containing
3.10 acres of land more or less.”
(Pls.’ Ex. 74a).
Lara, LLC:
132800-6357-04-
844345-0000
52b
“BEGINNING at a point on the southerly line
of N. Y. S. Route 82, said point being the
intersection of the southerly line of N.Y.S.
Route 82 with the easterly line of Parcel 2 as
shown on said filed Map No. 9175; thence
along the southerly line of N.Y.S. Route 82,
North 63-25-21 East 65.34 feet and North 57-
17-05 East 64.95 feet to a point; thence along
lands nor or formerly Chianese and
D'Angelico (L. 1393 P. 157), South 45-43-42
East 560.20 feet to a point; thence along
lands now or formerly Consolidated Rail
Corporation, South 59-50-28 West 129.76
feet to a point; thence along Parcel 2 as
shown on said filed Map No. 9175, North 45-
43-42 West 561.43 feet to the point or place
of beginning. Containing 1.60 acres of land,
more or less.”
(Pls.’ Ex. 74d).
Applies
Kathrym Lazar &
Robert Schwartz:
132800-6356-01-
428772-0000
53
“BEGINNING at the intersection of the
southeasterly line of the New Haven
Railroad with the southwesterly line of
Fishkill Creek at a point bearing North 42
deg. 56' East 850.7 feet from the westerly
corner of lands of Nikkola (858 Deeds 322)
running thence along Fishkill Creek Road
South 83 deg. East 37 feet and North 42 deg.
56' East 281.7 feet to lands now or formerly of
Rhodes; thence along said lands now or
formerly of Rhodes South 35 deg. 53' East
275.3 feet to the northerly corner of lands now
or formerly of Berghollc: thence South 71
deg. 52' West 200 feet: thence South 72 deg.
14' West 258.1 feet to lands now or formerly
of Warren running thence along said lands
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 35 of 66

36
now or formerly of said Warren, North 34
deg. 14' West 73.82 feet to the railroad;
running thence along said railroad North
42 deg. 56' East 133.64 feet to the point or
place of beginning.”
(Pls.’ Ex. 75a).
Lia Brewster
Realty, LLC 67.8-
1-41
54a
“BEGINNING at an iron rod found which is
located North 82°12' 10” West 279.85 feet
and North 44°06'50” East 245.73 feet from
the easterly corner of the premises above
described; Thence from said point of
beginning as thus established, along
northerly bounds of lands now or formerly
of Midtown Trackage Ventures LLC. as
described in Book 1277 of Deeds at Page
115 (formerly New York, New Haven and
Hartford Railroad) North 82° 12' 10” West
286.50 feet crossing the East Branch of
Croton River to lands of the City of New
York; Thence along the lands of the City of
New York, North 36°09'00” East 62.63 feet,
North 37°05'50” East 92.98 feet, North
40°27'00” East 133.63 feet, North ·40°24'30”
East 112.60 feet, North 51°18'40” East 169.88
feet, North 66°19'00” East 41.63 feet and
South 34°45'40” East 234.09 feet to lands
now or formerly of R&R Development Corp.
as described in Book 871 of Deeds at Page 95
(formerly O'Hare); Thence along the lands
now or formerly of R&R Development Corp.
as described in Book 871 of Deeds at Page 95
(formerly O'Hare), South 44°06'50” West,
392.26 feel to the point of beginning.
TOGETHER WITH an easement over the
dirt drive leading from Parcel One to
Parcel Two and crossing the lands of lands
now or formerly of Midtown Trackage
Ventures LLC. as described in Book 1277 of
Deeds at Page 115 (formerly New York, New
Haven and Hartford Railroad), the centerline
of said easement being described as follows:
BEGINNING at a point on the northerly line
of Parcel One which point is on a course
North 82°12'10” West, 301.97 feet from the
northwesterly side of State Highway No. 5098
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 36 of 66

37
(Route No. 6 and Route No.22); Thence along
the centerline of said right-of-way, North
27°00'46” East, 130.64 feet and No11h 37°24'
19” East, 85.84 feet to a point on the southerly
line of Parcel Two, which easement is ten feet
in width on either side of the aforesaid
centerline of the said right-of way. The
aforesaid easement is for purposes of ingress
and egress to and from Parcel Two herein
before described.”
(Pls.’ Ex. 76a).
Lia Brewster
Realty, LLC:
67.36-2-6
54b
“ALL THAT CERTAIN PLOT, PIECE, OR
PARCEL OF LAND, situate in the Village of
Brewster, Town of Southeast, County of
Putnam and State of New York, being
bounded and described as follows:
BEGINNING at a point on the northwesterly
side of Route No. 6 and Route No. 22, also
known as State Highway No. 5098, where the
same is intersected by the northeasterly line of
lands now or formerly of Ledley as described
in Book 918 of Deeds at Page 29 (formerly
O'Hare); . . . Thence along the lands of the
City of New York, North 44°07' 10” East,
54.80 feet to lands now or formerly of
Midtown Trackage Ventures LLC. as
described in Book 1277 of Deeds at Page
115 (formerly New York, New Haven and
Hartford Railroad); Thence along the lands
now or formerly of Midtown Trackage
Ventures LLC as described in Book 1277 of
Deeds at Page 115 (formerly New York,
New Haven and Hartford Railroad) and
crossing the East Branch of the Croton River,
South 82°12'10” East 527.36 feet to the
northwesterly side of Route No.6 and Route
No. 22; Thence along the northwesterly side
of Route No.6 and Route No. 22, South
60°14'58” West, 353.02 feet to the point of
beginning. Said parcel of land also being Lot
Nos. 1 and 2 as shown on a filed map
entitled “Subdivision Plat of lands of
Demarsico Pontiac, Inc.”, filed in the
Putnam County Clerk's office December 5,
1980 as Filed Map No. 1783.”
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 37 of 66

38
(Pls.’ Ex. 76a).
Lia Brewster
Realty, LLC: 68.5-
1-2
54c
“Beginning at a point on the Easterly side of
Allview Avenue where the same is
intersected by the Southerly line of lands
now or formerly of Metro North and the
Northerly line of the parcel herein
described, thence from said point of
beginning along the Southerly line of lands
now or formerly Metro North and the
Northerly line of the parcel herein
described S 82-42-50-E 687.98 to a point on
a curve to the right, thence continuing
along the Southerly line of lands now or
formerly Metro North and the Northerly
line of the parcel herein described along
said curve to the right having a radius of
1096 78, a central angle of 3-43-39 and
length of 71 35 to a point in the Westerly line
of lands of the People of the State of New
York, AK/A Interstate Route 84, thence along
the Westerly line of lands of the People of the
State of New York, AK/A Interstate Route 84,
. . . Containing with said bounds 13 903 Acres
more or less.”
(Pls.’ Ex. 76g).
Rebutted, does
not apply
54d Lia Brewster
Realty, LLC: 68.-1-
4
54d
Lomala Land
Development
Corp.: 132800-
6356-01-418813-
0000
55
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess, and State of
New York being known and designated as
Lot 5-3 on a certain map entitled,
“Subdivision Plat, Section 4 and Section 5,
Prepared for Lomala Land Dev. Corp.”
dated 10/22/1981 and filed in the Dutchess
County Clerk's Office on 10/30/1981 as
Map No. 6240.”
(Pls.’ Ex. 77a).
Applies
Lori Joseph
Builders, Inc.:
133089-6055-15-
649282-0000
56
“BEGINNING at a point, on the southerly line
of NYS Route 52, said point being the
intersection of the southerly line of N.Y.S.
Route 52 with the easterly line of land now or
formerly Simmons, (Liber 2020 cp 298); . . .
thence along the lends now or formerly Leake,
South 27-02-33 East 69.79 feet, South 01-00-
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 38 of 66

39
35 East 34.62 feet, South 16-32-59 East 26.05
feet and South 18-00-56 East 103.27 feet to a
point; thence along the northerly line of the
lands now or formerly Consolidated Rail
Corp., on a curve to the left having a radius
of 1004.67 feet, a distance westerly of 207.99
feet, and along a curve to the left having a
radius of 1034.14 feet, a distance westerly of
83.93 feet, thence along the lands now or
formerly Simmons, (Liber 2020 cp 298),
North 31-00-15 West 41.31 feet and North 28-
05-30 West 77.53 feet to the point or place of
BEGINNING.”
(Pls.’ Ex. 78a).
Andrew & Carly
Lynch-McGuire:
134089-6855-04-
797401-0000
57
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of
Pawling, County of Dutchess and State of
New York, known and designated as Lot
No. 1 on a map entitled, “Subdivision Plat
Prepared for Mark & Susan Tanner situate
in Town of Pawling, County of Dutchess,
State of New York, dated December 4,
1986, revised May 5, 1987” which map was
filed in the Dutchess County Clerk's Office
on August 14, 1987, as Map No. 8081 being
more particularly bounded and described as
follows: BEGINNING at a point on the
easterly side of Herd and Tanner Road where
the division line between Lot Nos. 1 and 2 on
the aforementioned map intersect said easterly
side of Herd and Tanner Road; RUNNING
THENCE along said division line south 73
degrees 36 minutes 40 seconds east, 468.38
feet; THENCE southerly along a curve to
the left having a radius of 2,160.81 feet and
an arc length of 362.55 feet; THENCE north
83 degrees 15 minutes 35 seconds west,
155.17 feet; . . . .”
(Pls.’ Ex. 79a).
Applies
John Madera &
Susan Madera
Irrevocable Trust:
13.-2-53
58
“BEGINNING at a point on the southeasterly
side of Baldwin Road where the same is
intersected by the division line between lots
numbers 17 and 18 as shown on the
aforementioned map; Thence running along
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 39 of 66

40
said division line South 63° 56' 00” East
661.76 feet to the westerly boundary line of
land now or formerly of New York, New
Haven & Hartford RR; Thence running
along the land of said Railroad South 06°
13' 10” West 320.00 feet to the centerline of
a stone wall and the northerly boundary
line of land now or formerly of Alberti;
Thence running partially along the centerline
of said stone wall and along said land of
Alberti the following courses and distances: . .
.”
(Pls.’ Ex. 80a).
Emanuele
Marinaro: 132800-
6557-03-312108-
0000
60
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York being known and designated
as Lot No. 4 as shown on map entitled
“Subdivision Plan for LaPrima
Subdivision” filed in the Dutchess County
Clerk's Office on 3/24/03 as Map No.
11522.”
(Pls.’ Ex. 81a).
Applies
Frank Matteo &
Rosa Carrasco:
132800-6357-04-
746222-0000
61
“ALL that certain plot, piece, or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being bounded and described as
follows: BEGINNING at a point on the
northerly exterior line of the New York,
New Haven and Hartford Railroad Co. and
distant North 62 degrees 35’ 40” East 248.16
feet from its intersection with the easterly line
of Helin Road and running thence along lands
nor or formerly K. Helin North 26 degrees 32’
West 155.74 feet to the southerly line of
Flagler Road; thence along the line of said
road North 63 degrees 28’ East 283.00 feet;
thence leaving said road and running along
other lands of said K. Helin South 26 degrees
32’ East 151.43 feet to the northerly exterior
line of said railroad; thence along the line
of said railroad South 62 degrees 35’ 40”
West 283.03 feet to the point of beginning.”
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 40 of 66

41
(Pls.’ Ex. 82a).
Michael &
Michelle
McAllister:
132800-6357-04-
818177-0000
62
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill, County of Dutchess and State
of New York, bounded and described as
follows: BEGINNING at a point on the
southeasterly line of the Conrail
Corporation, said point being at the
intersection of the southeasterly side of said
Conrail Corporation with the northeasterly
line of Helin Road, running thence along
the southeasterly line of said railroad North
62° 35' 40” East 748.68 feet to lands
formerly of Husted; THENCE South 27° 24'
20” East along said lands of Husted 151 feet
to the center line of Fishkill Creek; . . .”
(Pls.’ Ex. 83a).
Rebutted, does
not apply
Lawrence &
Christyanne Miano:
132800-6557-03-
257180-0000
63
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being designated as Lot No. 23 on a
certain map entitled, “Johnson Estates,
Section 1”, made by Richard G. Barger, PE
& LS, dated 4/18/1991, last revised
3/26/1992, and filed in the Office of the
Dutchess County Clerk on 5/1/1992 as Filed
Map No. 9470, being bounded and described
as follows: BEGINNING at a point on the
southwesterly line of Woodcrest Drive, said
point being the intersection of the
southwesterly line of said Woodcrest Drive
with the northwesterly line of lands of Lot No.
24 as shown on a certain map entitled
“Johnson Estates, Section 1” and recorded in
the Dutchess County Clerk's Office as Map
No. 9470 and running thence along the
northwesterly line of lands of said Lot No 24,
South 36 degrees 50' 00” West 352.42 feet to
a point on the northeasterly line of lands of
said Conrail Corp. thence leaving said line
and running along the northeasterly line of
lands of said Conrail Corp. 170.55 feet on a
curve to the right having a radius of
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 41 of 66

42
2815.43 feet to a point; thence leaving said
line and running along the southeasterly line
of lands of Lot No. 22, as shown on said Map
No. 9470, North 25 degrees 40' 00” East
333.81 feet to a point on the southwesterly
line of aforesaid Woodcrest Drive; . . . .”
(Pls.’ Ex. 84a).
Gregory & Darlene
Morrison: 134089-
6856-00-452462-
0000
64
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of
Pawling, County of Dutchess and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly
side of Route 292, State Highway 1163,
where the same is intersected by the
easterly line of New York New Haven &
Hartford Railroad; RUNNING thence
along said lands on a curve to the right
having a radius of 1383.19 feet, an arc
distance of 132.95 feet to the southerly side
of Old Route 292. RUNNING thence easterly
along the same on a curve to the right having
a radius of 180 feet an arc distance of 152.30
feet, South 36° East 139.90 feet and on a
curve to the right having a radius of 180.00
feet an arc distance of 94.51 feet to Route
292; . . . .”
(Pls.’ Ex. 85a).
Applies
Douglas Mort:
134089-6856-00-
616172-0000
65
“BEGINNING at a point on the Westerly line
of New York State Route 292, said point
being an iron pin set in the Southeasterly
corner of Lot No. 1 as shown on Filed Map
No. 8727; . . . THENCE South 09° 17’ 00”
West 186.00 feet to an iron pin set in the
Northerly line of Parcel C as shown on Filed
Map No. 5440; THENCE along same North
87° 58’ 50” West 556.67 feet to an iron pipe
found on the Easterly line of lands now or
formerly of Consolidated Rail Corporation;
THENCE on a curve to the left radius of
5779.15 feet central angle of 3-32-29 length
of 357.20 feet to a point; THENCE North 10°
10’ 25” West 197.23 feet to a point on the
Southerly line of Parcel 1 as shown on Filed
Map No. 6533; THENCE following the mean
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 42 of 66

43
centerline of a stonewall along said Parcel 1
North 84 ° 24’ 40” East 70.11 feet; . . .”
(Pls.’ Ex. 86a).
Danny & Kimvalrie
Neal: 134089-
6856-00-444593-
0000
66
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of Pawling, County of Dutchess and State of
New York, known and designated as Lot No.
9 on map entitled, “Subdivision Plot of
Willow Lake Estates, situate in the Town of
Pawling, Dutchess County, New York”,
surveyed and prepared by Badey &
Watson, L.S. dated January 26, 1977 and
filed in the office of the Clerk of the County
of Dutchess on June 30, 1977 as Map No.
5183 more particularly bounded and described
according to said map as follows:
BEGINNING at a point at the southerly curve
of a cul-de-sac of Maria Drive where the same
is intersected by the division lines of lots 9
and 46 on said map; . . . THENCE still along
lands of Weider South 59 degrees 27 minutes
30 seconds West 220.79 feet; THENCE
along a curve to the right having a radius
of 1686.78 and along lands now or formerly
of New York, New Haven & Hartford
Railroad a length of 529.63 feet; THENCE
North 18 degrees 30 minutes 30 seconds
West and still along lands of New York,
New Haven and Hartford Railroad a
distance of 265.52 feet; THENCE North 46
degrees 00 minutes 00 seconds East along the
division line between lots 9 and 10 on said
map a distance of 285.72 feet to the West side
of Maria Drive; . . .”
(Pls.’ Ex. 87a).
Applies
Philip Oliva:
132800-6557-03-
309178-0000
67
“BEGINNING at a point along the southerly
line of Woodcrest Drive and said point being
the intersection of the southerly line of
Woodcrest Drive with the northeasterly corner
of Lot No. 24 as shown on a certain map
entitled “Johnson Estates, Section 1” and filed
in the Dutchess County Clerk's Office as Filed
Map No. 9470; thence in an easterly direction
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 43 of 66

44
along the southerly line of Woodcrest Drive
on a curve to the left with a radius of 325.00
feet and a length of 123.63 feet to the
northwesterly corner of Lot No. 26 of the
aforesaid flied map; thence in a southerly
direction along the westerly line of Lot No.
26, South 10 deg 34' 14” East 418.81 feet to a
point along the northerly line of the lands
of now or formerly Conrail Corporation;
thence in a westerly direction along the
northerly line of Conrail Corporation on a
curve to the right with a radius of 2815.43
feet and a length of 278.00 feet to the
southeasterly corner of the aforesaid Lot
No. 24; thence in a northerly direction along
the easterly line of Lot No. 24, North 11 deg
13' 32” East 334.85 feet to the point of
beginning. BEING KNOWN and designated
as Lot No. 25 on n certain map entitled
“Johnson Estates, Section I” prepared by
Richard G. Barger, P.E. and L.S. filed in
the Dutchess County Clerk's Office on May
1, 1992 as Filed Map No. 9470.”
(Pls.’ Ex. 88a).
David Otero: 13.-2-
49 68
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of
Patterson, County of Putnam, State of New
York, shown and designated as Lot No. 14
on a certain map entitled, “Map One,
Mooney Hill Estates, situate in the Town of
Patterson, Putnam County, New York”,
made by Emest Martin, Wappinger Falls,
New York, which said map was filed in the
·Putnam County Clerk's Office on March
22, 1961 as Map No. 908.”
(Pls.’ Ex. 89a).
Applies
Partners
Management, LLC:
68.5-2-24
69
“ALL that certain plot, piece or parcel of land,
situate in the Town of Southeast, County of
Putnam and State of New York, and described
as follows: On the south: by the taking line
of the Penn-Central Railroad; On the north:
by the road line of Old Route 6, now known
as Argonne Road, being a strip of land about
800 feet long.”
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 44 of 66

45
(Pls.’ Ex. 90a).
Donato Pozzuto:
132200-6757-00-
500533-0000
70a
“Parcel II All that certain plot, piece or parcel
of land, situate, lying and being tile Town of
Beekman, County of Dutchess and State of
New York being known and designated as lot
Number 3 on a certain map entitled,
“Subdivision Plat prepared for Sandford”
dated September 4, 2003 and last revised
November 25, 2003 made by Harry J. Bly,
Licensed Land Surveyor and filed in the
Dutchess County Clerk's Office on April 22,
2004 as Map Number 11679, being more
particularly bounded and described herein as
follows. Parcel II BEGINNING at a point
said being the intersection formed by the
division line between lot 3 on the aforesaid
map with the lands now or formerly of
Metro North Commuter Railroad
Company, as shown in Liber 2015 page
333; said point also being the northerly corner
of Lot 3 on the aforesaid map, Running thence
along the division line between the easterly
side of Lot 3 and the westerly side of the lands
now or formerly of Frog Hollow, LLC, the
following seven (7) courses and distances. . . .
Running thence along the division line of Lot
3 on the aforesaid Map and the lands now or
formerly of Lydia R. Doyle and continuing
along the division line of Lot 3 on the
aforesaid Map and the lands now or formerly
of Condon P. Bennett, as shown in deed
document number 2000-9635, North
57°36'19” West a distance of 1,145.26 feet to
the lands now or formerly of Metro North
Commuter Railroad Company, as shown in
Liber 1956 Page 339, Running thence along
the division line between Lot 3 on the
aforesaid Map and the lands now or
formerly of Metro North Commuter
Railroad Company the following courses
and distances; 1. North 46°32'16” East a
distance of 194.41 feet, 2. South 43°27'44”
East a distance of 50.00 feet, 3. North
46°32'16” East a distance of 1945.00 feet, 4.
North 43°27'44' West a distance of 50.00 feet,
Rebutted, does
not apply
Donato Pozzuto
132200-6757-00-
563722-0000
70b
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 45 of 66

46
5. North 46°32'16” East a distance of 85.28
feet, 6. Northerly on a curve to the right
having a radius of 5,680.15 feet a distance of
501.47 feet, 7. North 51°35'46” East a
distance of 691.38 feet to the point or place of
BEGINNING.”
(Pls.’ Ex. 91a).
Donato &
Carmelina Pozzuto:
132200-6757-00-
445645-0000
71
“ALL that certain plot, piece or parcel of land,
situate, lying and being the Town of
Beekman, County of Dutchess and State of
New Yark being known and designated as
Lot Number 2 on a certain map entitled,
“Subdivision Plat prepared for Sandford”
dated September 4, 2003 and last revised
November 25, 2003 made by Harry J. Bly,
Licensed Land Surveyor and filed in the
Dutchess County Clerk's Office on April
22, 2004 as Map Number 11679, being more
particularly bounded and described as
follows: Parcel I Beginning at a point on the
westerly side of Frog Hollow Road, where
same is intersected by the division line
between Lot 2 and Lot l on the aforesaid Map.
. . . Running thence South 18° 57' 15” West a
distance, if 224.02 feet to a point, Running
thence South 51° 35' 46” West a distance of
359.00 feet to the division line between Lot
2 on the aforesaid Map and the lands now
or formerly of Metro North Commuter
Railroad Company, as shown in Liber 1956
page 339, Running thence along said
division line between Lot 2 on the aforesaid
Map and the lands now or formerly of
Metro North Commuter Railroad
Company the following six (6) courses and
distances, 1. South 51° 35' 46” West a
distance of 123.89 feet, 2. Southerly on a
curve to the left with a radius of 5829.15 feet
a distance of 514.62 feet, 3. South 46° 32' 16”
West a distance of 50.28 feet, 4. South 43° 27'
44” East a distance of 50.00 feet, 5. South 46°
32' 16” West a distance of 1983.50 feet, 6.
Southerly on a curve to the right with a radius
of 1383.19 feet a distance of 217.58 feet, to
the division line between Lot 2 on the
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 46 of 66

47
aforesaid Map and the lands now or formerly
of Walter S. Klein and Jenette B. Klein, as
shown In Liber 1221 page 515, . . .”
(Pls.’ Ex. 92a).
John Read:
134089-6855-02-
812527-0000
72
“Beginning at a point at the end of a stone
wall, said point being the assumed westerly
line of New York State Route 292, said point
also being the northerly line of lands now or
formerly of Holmes Methodist Church, Liber
1005 page 364, recorded in the office of the
Dutchess County Clerk; Thence following the
northerly line of the Holmes Methodist
Church partially along a stone wall, South 83°
50' 00” West 392.65 feet to the intersection
of a wire fence and the easterly line of lands
now or formerly of Penn Central Railroad
Company; Thence along said lands and the
remains of a wire fence North 06° 45' 00”
West 433.00 feet to the southwesterly
corner of lands now or formerly of Yerks,
Liber 1349 page 380, recorded in the office of
the Dutchess County Clerk; Thence following
the southerly line of lands now or formerly of
Yerks, North 50° 10' 00” East 115.00 feet,
South 83° 15' 00 East 71.28 feet North 44° 00'
00” East 25.78 feet to a point in the assumed
westerly line of Route 292; . . .”
(Pls.’ Ex. 93a).
Applies
Levi Harold
Reavey, Sr.:
133089-6055-16-
783251-0000
73
“BEGINNING at a point on the northerly line
of Washington Avenue said point being the
intersection of the northerly line of
Washington Avenue with the westerly lines of
lands now or formerly Texaco; thence along
the northerly line of Washington Avenue,
South 86 degrees 45 minutes 00 seconds West
83.00 feet to a point; thence along lands now
or formerly of Pendleton (Liber 635 cp 505),
North 10 degrees 05 minutes 00 seconds West
156.75 feet to a point; thence along lands
now or formerly Consolidated Rail Corp.
on a curve to the right having a radius of
1104.70 for a distance of 154.96 feet to a
point; thence along the westerly line of lands
now or formerly Texaco, South 12 degrees 40
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 47 of 66

48
minutes 00 seconds West 187.00 feet to the
point beginning.”
(Pls.’ Ex. 94a).
John & Christine
Reda: 134089-
6856-00-656115-
0000
74
“BEGINNING at point or the westerly side of
NYS Route 292 at the southeast corner of the
lands of Frank Healey formerly the lands of
Claude McArthur and Isabelle B McArthur,
his wife, running from said point of beginning
North 84° 25' 42” West 465 feet to a point;
running thence, North 73' 57' 18” West
485.66 feet to a point along the right of way
of the New York, New Haven and Hartford
Railroad; running thence, South 2° 13’ 40”
West 23.75 feet to a point; thence running
South 1° 30’ 40” West 301.76 feet to a 1 1/2
inch iron pipe and the southeasterly corner
of the lands described herein and the
northerly boundary line of the lands now or
formerly of Higgs; running thence along the
lands now or formerly of the Higgs, South 87°
02’ 10” East 909.14 feet to a point on the
westerly side of NYS Route 292; thence
running along NYS Route 292 North 3° 38'
40” West 154.80 feet to a point and thence,
North 4° 19' 20” West 38.71 feet along the
remains of a fence to the point or place of
beginning.”
(Pls.’ Ex. 95a).
Applies
Catherine &
Michael Roberts:
134089-6855-02-
727762-0000
75
“ALL that certain tract or parcel of land
situate in the Town of Pawling, County of
Dutchess and State of New York, bounded
and described as follows: . . . THENCE
along the Easterly line of lands now or
formerly Consolidated Rail Corporation
North 16 degrees 33' 00” West 525.02 feet
to a point; THENCE along the Southerly and
Westerly lines of lands now or formerly
Pierce (Liber 1223 cp 113), the following two
courses: . . . .”
(Pls.’ Ex. 96a).
Rebutted, does
not apply
David & Judith
Rochman: 134089- 76
“BEGINNING at a point on the east side of
the town highway leading from Holmes to
Whaley Lake, said point being on the
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 48 of 66

49
6855-00-617782-
000
northwest corner of the Abel B. Cole
property, . . . THENCE northerly in company
with said highway about 1300 ft. to the
southwest corner point of the property now
owned by Jack Lake, THENCE easterly in
company with the said Lake property to a
point in the west side of the N. Y. N. H. &
Hartford Railroad line, THENCE
southerly in company with said railroad to
the northeast corner point of tile said Abel
Cole property, THENCE westerly in
company with said Cole property to the point
or place of BEGINNING.”
(Pls.’ Ex. 97a).
Cindy & Louis
Russo: 132800-
6357-04-948366-
0000
77
“All that certain plot, piece, or parcel of land ,
with the buildings and improvements there
erected, situate, lying, and being in the Town
of East Fishkill, in the County of Dutchess
and State of New York, known as Lot No.
19, as shown on a Map entitled
“Shadowbrook Estates, Subdivision Plat
for Herbert Stencer”, and filed in Dutchess
County Clerk's Office as Map # 5055,”
(Pls.’ Ex. 98a).
Applies
Daniel & Shana
Sciarabba: 132800-
6557-03-344139-
0000
78
“ALL that certain plot piece or parcel of land,
situate, lying and being in the Town of East
Fishkill, County of Dutchess, and State of
New York, known and designated as Lot
No. 5, as shown on a Map entitled,
“Subdivision Plan for Walton Realty, Inc.”,
filed in the Dutchess County Clerk's Office
on September 21, 1999 and filed Map No.
10874, bounded and described as follows:
BEGINNING at a point on the northerly side
of the cul-de-sac of Falcon Crest Court, where
the same is intersected by the division line
between Lot Nos. 4 and 5 as shown on the
above mentioned Map; RUNNING THENCE
along the last mentioned division line, North
40 degrees 50 minutes 13 seconds West
472.10 feet to a point; THENCE along the
northerly line of the premises herein
described and lands now or formerly of
Con Rail Corp., South 72 degrees 14
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 49 of 66

50
minutes 00 seconds East 112.06 feet South
76 degrees 13 minutes 00 seconds East
223.37 feet to the division line between Lot
Nos. 5 and 6 as shown on the above
mentioned Map; THENCE along the last
mentioned division line, South 09 degrees 31
minutes 38 seconds East 225.00 feet to the
northerly line of the cul-de-sac of Falcon
Crest Court; . . . .”
(Pls.’ Ex. 99a).
Scotton Living
Trust: 13.-2-88 79
“All that certain plot, piece, or parcel of land ,
with the buildings and improvements there
erected, situate, lying, and being in the Town
of Patterson, County of Putnam and State of
New York, known and designated as Lot
No. 43 on a certain map entitled, “Final
Subdivision Plat O'Hara Subdivision
Section II, Town of Patterson, Putnam Co.,
N.Y.” dated April 27, 1990 and filed in the
Office of the County Clerk of Putnam on
September 25, 1992 as Map No. 2360-B.”
(Pls.’ Ex. 100a).
Applies
Rena Shiwdin:
132800-6557-03-
167150-0000
80
“ALL that certain plot, piece, or parcel of
land, with the building and improvements
thereon erected, situate, lying and being in the
Town of East Fishkill, County of Dutchess,
and State of New York, being in addition to
the parcel being known and designated as
Lot Number 2 as shown on a certain map
entitled, “Subdivision for McAliney”, dated
12/08/1981 and filed in the Dutchess
County Clerk's Office on 03-15-1982 as
Filed Map No. 6336, being bounded and
more particularly described as follows:
Beginning at a point on the northerly Right of
Way (R.O.W.) line of Prentiss Drive, said
point also being the southeasterly comer of
Lot 1 as shown on said map, and the True
Point of Beginning: THENCE leaving said
R.O.W. line and running along the division
line between the lands now or formerly of
Anthony J. Cannizzaro as described in Liber
22008 at Page 2224 of Deeds, aka Lot 1 as
shown on said map and the parcel herein
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 50 of 66

51
described the following two (2) courses and
distances: . . . THENCE leaving said division
line and running along the division line
between the lands now or formerly of
Metro-North Commuter Railroad
Company as described in Liber 22009 at
Page 1705 of Deeds and the parcel herein
described the following five (5) courses and
distances: 4) S 52° 48' 44” E a distance of
367.10 feet to a point; 5) S 54° 44' 44” E a
distance of 162.10 feet to a point; 6) S 57° 56'
44” E a distance of 104.20 feet to a point; 7) S
60' 58' 42” E a distance of 253.00 feet to a
point; 8) S 62' 08' 42” E a distance of 109.21
feet to a point on the westerly Right of Way
(R.O.W.) line of Carpenter Road; THENCE
leaving said division line and running along
said R.O.W. line the following course and
distance along a non-tangent curve turning to
the left with an arc length of 86.07 feet, a
radius of 200.21 feet, a chord bearing of S 08°
34' 18” W, and a chord length of 85.41 feet, to
a point; . . . .”
(Pls.’ Ex. 101a).
Patricia
Slesarchick:
132800-6357-04-
866357-0000
81
“ALL that certain plot, piece or parcel of land,
with the buildings and improvements thereon
erected, situate, lying and being in the Town
of East Fishkill. County of Dutchess and State
of New York, known and designated as Lot
#2 on a certain map entitled “Subdivision
Plat of Lands of Antonietta Zago” made by
Charles J Miller, Jr., LS., dated February
15th, 1974 and recorded in the Dutchess
County Clerk's Office on April 16th, 1974,
as Map #4369. BEGINNING at a point on the
southerly line of N.Y.S. Route 82 said point
being the intersection of the southerly line of
N.Y.S Route 82 with the easterly line of lands
now or formerly Zago & D'Rngelico (L. 604
P. 363); . . . thence along lands now or
formerly Doughty, South 57-25-00 East
364.98 feet to a point; thence along lands
now or formerly Consolidated Rail
Corporation, South 59-50-28 West 410.13
feet to a point; thence along lands now or
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 51 of 66

52
formerly Zago & D'Angelico (L. 604 P. 363),
North 45-43-42 West 560.20 feet to the point
or place of beginning.”
(Pls.’ Ex. 102a).
Sarah & Peter
Sobek: 132800-
6356-01-347640-
0000
82
“ALL that certain plot, piece or parcel of land,
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, bounded and described as follows:
BEGINNING on the southeast line of the
New Haven Railroad and on the easterly
bank of Sprout Creek opposite the
northeasterly corner of lands or Forsblom
(858 Deeds, page 252), and RUNNING
THENCE northeasterly along the railroad
to a stake 422.00 feet, more or less
measured to a straight line from the
beginning point; THENCE along the
westerly line of Bronx Drive, South 19
degrees 31' East 96.93 feet and continuing on
the same course, 233.47 feet to a stone wall; .
. .”
(Pls.’ Ex. 103a).
Rebutted, does
not apply
Tara Holdings,
LLC: 68.-2-20 83
“BEGINNING at a point on the northerly side
of Old Route 6 at a Big Tree Stump distant
500 ft. more or less, westerly of Old Joe's Hill
Road as described as a Big Tree in a certain
deed from Mildred C. Nere to Donald P.
Mossman, Jr. dated October 20, 1952 as
recorded in the Putnam County Clerk's Office
November 7, 1952 in Liber 418 of Deeds page
532; . . . THENCE along westerly side of Joe's
Hill Road and the easterly face of a stone wall
North 28 degrees 40 minutes 10 seconds East
12.30 feet North 7 degrees 34 minutes 50
seconds West 38.58 feet North 18 degrees 26
minutes 20 seconds West 46.70 feet, North 9
degrees 02 minutes 20 seconds West 35.66
feet and North 13 degrees 18 minutes 40
seconds East 27.80 feet to the end of a stone
wall, continuing still along westerly side of
Joe's Hill Road North 1 degree 04 minutes 20
seconds East 41.10 feet to lands now or
formerly of Central New England-Railway
Co., THENCE along said land North 87
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 52 of 66

53
degrees 57 minutes 30 seconds west 446.29
feet to a point and lands now or formerly of
D.P. Mossman Inc. said point being 1110.81
feet South 89 degrees 18 minutes 10 seconds
East from a stone monument in the northwest
comer of lands of D.P. Mossman Inc. and the
northeast comer of lands of the City of New
York; . . . .”
(Pls.’ Ex. 104a).
Kevin Thacke &
Sandra Genaro:
132800-6457-04-
931330-0000
84
“ALL that certain plot, piece or parcel of land
situate, lying, and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being known and designated as Lot
26 on a certain map entitled, “Lake Vistas
Section 3”, which said map was filed in the
Office of the Clerk of the County of
Dutchess on June 23, 1983 as Map No 8424,
which said lot is more particularly bounded
and described as follows BEGINNING at a
point on the turning circle at the end of Darci
Drive, intersects the division line between
Lots 27 and 26 on said map, . . . THENCE
running along the southerly line of lands now
or formerly said Underhill Estate, North 66
degrees 39 minutes 00 seconds East 532.64
feet to a point on the southwesterly line of
lands of N Y N H and H Railroad,
THENCE running along the southwesterly
line of lands of said N Y N H and H
Railroad, South 38 degrees 51 minutes 20
seconds East 285.00 feet to a point,
THENCE running along division line between
Lots 27 and 26 as shown on said map, South
66 degrees 54 minutes 10 seconds West
843.67 feet to the point of BEGINNING.”
(Pls.’ Ex. 105a).
Rebutted, does
not apply
Ugolini Family
Trust: 133089-
6155-11-567655-
0000
85
“Beginning at a point in the Southerly line of
Kipp Avenue at the Northeasterly corner of
other lands of parties of the second part hereto
and running thence with said other lands of
parties of the second part hereto the following
courses and distances South four degrees,
thirty four minutes East one hundred twenty
five feet; . . . thence South fifty seven degrees
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 53 of 66

54
twenty four minutes West five hundred twenty
six and forty one hundredths feet; thence
South twenty degrees nineteen minutes West
three hundred eighty four and eight tenths feet
to lands of the New York New Haven and
Hartford R.R. Co.; thence with said
Railroad Company lands North sixty four
degrees twenty one minutes East one
thousand six hundred eighty three feet
thence with other lands of Ketcham North
twelve degrees sixteen minutes West one
hundred forty six and three tenths feet to the
Southerly line of Kipp Avenue aforesaid and
thence with the said Southerly line of Kipp
Avenue South eighty eight degrees thirty four
minutes West eighty five feet to the place of
beginning.”
(Pls.’ Ex. 106a).
Leonard Vann:
132800-6356-01-
388755-0000
86
“ALL THAT CERTAIN PLOT, PIECE OR
PARCEL OF LAND, WITH THE
BUILDINGS AND IMPROVEMENTS
THEREON ERECTED, SITUATE, LYING
AND BEING IN THE TOWN OF EAST
FISHKILL, COUNTY OF DUTCHESS,
STATE OF NEW YORK, BEING KNOWN
AS LOT NO. 4-3 ON A MAP ENTITLED
“SUBDIVISION PLAT, SECTION 4 AND
SECTION 5, LOMALA LAND
DEVELOPMENT CORP.” FILED WITH
THE DUTCHESS COUNTY CLERK'S
OFFICE ON OCTOBER 30, 1981, AS
MAP #6240.”
(Pls.’ Ex. 107a).
Applies
John J. Volkmann,
Sr. & Irene M.
Volkmann
Irrevocable Trust:
132800-6357-04-
791263-0000
87
“ALL that parcel of land in the Town of East
Fishkill, County of Dutchess, State of New
York and described as follows: BEGINNING
at a point on the Northerly exterior line of
the New York, New Haven and Hartford
Railroad Co. and distant North 62° 35' 40'
East 823.22 feet from its intersection with the
Easterly line of Helin Road and running along
lands of nor or formerly K. Helin North 26°
32' West 146.99 feet to the Southerly line of
Flagler Road; thence along the line of said
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 54 of 66

55
road North 63° 28' East 285.00 feet; thence
along a right-of-way South 35° 35' East
144.22 feet to the Northerly exterior line of
said railroad; thence along the line of said
railroad South 62° 35' 40” West 308.55 feet
to the point of beginning containing one
acre of land be the same more or less.”
(Pls.’ 108a).
William & Angela
Volpe: 132800-
6356-02-511917-
0000
88
“ALL, that certain plot, piece or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being designated as Lot No. 3 on a
certain map entitled, “Section 2 of Lomala
Land Development Corp.” prepared by
Ernst Martin, L.S. and filed 3/16/1973 in
the Office of the Dutchess County Clerk as
Filed Map No. 4087.”
(Pls.’ Ex. 109a).
Applies
Joseph & Marilyn
Walsh: 132800-
6356-02-506889-
0000
89
“ALL, that certain plot, piece or parcel of land
situate, lying and being in the Town of East
Fishkill, County of Dutchess and State of New
York, being designated as Lot No. 5 on a
certain map entitled, “Section 2 of Lomala
Land Development Corp.” dated July 20,
1971, made by Ernst Martin, L.S. and filed
in the Dutchess County Clerk’s Office on
March 16, 1973 as Map #4087.”
(Pls.’ Ex. 110a).
Applies
Karen & Richard
Warren: 132800-
6356-01-415742-
0000
90
“BEGINNING at the Northerly line of
Brooklyn Drive at the Southeasterly corner of
lands of Kahara and running thence along the
line of said Kahara North 17 deg. 00’ West
162.00 feet; thence along the line of lands of
now or formerly Hughes North 18 deg, 10’
West 285.20 feet to the Southerly exterior
line of formerly the Dutchess and Columbia
Railroad Co., now the Penn-Central;
thence along said line North 42 deg. 56’
East 143. 76 feet; thence along the line of
lands of now or formerly Langi, . . .”
(Pls.’ Ex. 111a).
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 55 of 66

56
Whitefield
Properties, LLC:
130200-6055-72-
498177-0000
91
“BEGINNING at the intersection of the
Northwesterly line of Fishkill Avenue with
the Southwesterly line of State Street and
running thence with the said Northwesterly
line of Fishkill Avenue South fifty seven
(57) degrees ten (10) minutes West one
hundred and one hundredths (100.01) feet;
THENCE with other lands of parties of the
first part (Eraca) the following courses and
distances: North thirty-one (31) degrees fifty-
nine (59) minutes West ninety-eight and fifty-
eight hundredths (98.58) feet; . . . .”
(Pls.’ Ex. 112a).
Rebutted, does
not apply
Karen & Richard
Woolcott &
Catherine Josset:
67.8-1-1
92
“BEGINNING at a point on the westerly side
of Peaceable Hill Road, said point being the
Intersection of the dividing line between
premises herein and lands now or formerly of
Tombline more fully described in Liber 754
page 220; Running thence along lands now or
formerly of Tombline North 89° 57' 00” West
269.29 foot to a point on the easterly line of
lands now or formerly of New York New
Haven & Hartford Railroad more fully
described in Liber 94 page 520, said point
being distant the following courses and
distances: From a 40 wide road deeded to the
Town of Southeast in liber 640 page 376;
South 30° 20' 40” East 34.86 feet to a point of
curve; thence on a curve to the left having a
radius of 1063.78 feet a central angle of 25°
00' 23” a distance of 464.28 feet; running
thence from said point along the easterly
line of lands of New York / New Haven &
Hartford Railroad Co. South 9° 21' 00”
West 36.38 feet to a point on the northerly
line of lands now or formerly of The
Boston/Hartford & Erie Railroad Co. more
fully shown on Putnam County Filed Map
No. 37: . . . .”
(Pls.’ Ex. 113a).
Rebutted, does
not apply
Stanley
Zmudzinski:
132800-6356-02-
522936-0000
93
“ALL, that certain plot, piece or parcel of land
situate, lying and being in the TOWN OF
EAST FISHKILL, County of Dutchess and
State of New York, and being more
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 56 of 66

57
particularly described as Lot #2 on a map
entitled “Section 2 of Lomala Land
Development Corp.” prepared by Ernst
Martin, L.S. and filed in the Dutchess
County Clerk's Office on March 16th,
1973, as Map No. 4087.”
(Pls.’ Ex. 114a).
MXYZPTLK-NY
LLC: 134089-
6855-04-716373-
0000
94
“ALL that certain plot, piece or parcel of land
situate, lying and being in the Town of
Pawling, Dutchess County, Town of Kent,
Putnam County, and State of New York, also
being shown as Lot 1 on a map entitled
“Lot Line Re-Alignment Map of Property
prepared for Harold H. Herd and Mark
and Susan Tanner' filed in the Dutchess
county Clerk's Office as Filed Map No.
10206 on February 16, 1996 is more
particularly bounded and described as
follows: BEGINNING at a point on the
southerly bounds of Holmes Road at the
westerly bounds of the New Haven-
Hartford Railroad, said point being the
northeast corner of the herein described
parcel; thence running southerly along the
westerly bounds of the New Haven
Railroad, the following 3 courses: 1) South
04° 24' 18” East 94.45 feet, 2) South 13° 40'
18” West 157.24 feet and 3) South 04° 10' 22”
East 419.22 feet to a point in a stonewall;
thence running westerly along said
stonewall and still along the New Haven-
Hartford Railroad, in part, and the lands of
Tanner (Deed Liber 1762 Cp. 133 - Lot 2
FM# 8081), South 85° 56' 18” West 160.09
feet to a stone wall corner, thence continuing
along said stonewall and the westerly bounds
of Tanner and Tanner (Doc #02-2014- 2010-
Lot 1 FM# 8081), the following 4 courses: . .
.”
(Pls.’ Ex. 115a).
Rebutted, does
not apply
Neil Kavey &
Madelon O'Shea:
132200-6858-00-
051337-0000
95
“ALL that certain plot, piece or parcel of land,
with the building, and improvements thereon
erected, situate, lying and being in the Town
of Beekman, County of Dutchess and State of
Rebutted, does
not apply
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 57 of 66

58
New York, being all of the property of
Kenneth Ives shown on 3 survey or map
made by John Ogden, Surveyor, which said
map or survey is dated November 1929 and
entitled “Property of Kenneth Ives, Town
of Beekman, Dutchess, County, N.Y. area
120.13 acres excluding Railroad and State
Highway”, and more particularly bounded
and described, according to said map as
follows: BEGINNING at some stones on a
rock at the corner of lands of one B.T. Innes
thence along the lands of the said Innes the
following courses and distances; North 84°
25' west 218 feet; North 79° 50' west 115 feet;
North 84° west 285 feet south 88° west 91
feet; North 75° 20' west 76 feet; . . . thence
continuing along the lands of one H.B. Ward;
South 6° west 443 feet; thence continuing
along the lands of one C. Mills, South 3° 15'
west 575 feet, thence along the lands of one
B. T. Innes, South 5° 15' west 615 feet to the
place of beginning. Excepting from the
above and foregoing lands the right of way
of the New York, New Haven and Hartford
Railroad.”
(Pls.’ Ex. 116a).
Joanna Osborne:
134089-6856-00-
578245-0000
96
“TOWN OF PAWLING, County of Dutchess
and State of New York, shown and
designated as Parcel 1 on a certain map
entitled, “Subdivision Plat Prepared for
Rosenbaum”, dated January 11, 1983 and
filed in the Dutchess County Clerk's Office
on January 21, 1983 as Map No. 6533.”
(Pls.’ Ex. 117a).
Applies
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 58 of 66

59
3. 	The Maybrook Trail
The United States also moves for
summary judgment on the basis that
several Plaintiffs are unable to establish
both causation and just compensation due
to the existence of the “Maybrook Trail.”5
(Def.’s Mot. at 18–22). The Maybrook
Trail, which runs along several of the
subject properties to this litigation, was
opened in 2020 (predating the NITU), and
is currently being utilized as a pedestrian
walking and biking trail. (Id. at 19; Pls.’
Reply at 13 (“It is not disputed that there
is a trail on part of the corridor that is
subject to the NITU.”)). First, the United
States posits that the Group D Plaintiffs
cannot establish causation, because the
Maybrook Trail makes it impossible for
Plaintiffs to prove “that the STB’s NITU
has taken something from the Group D
landowners . . . [as the] pre-existing use of the railroad corridor for walking and biking” would
continue even in the NITU’s absence. (Def’s Mot. at 20). Second, the United States argues that
Plaintiffs are unable to meet their burden of proof on the element of just compensation. (Id. at
20–22).
i. 	Causation
For its causation argument, the United States first points to Caquelin. (Def.’s Mot. at 19).
The Caquelin court held that “a NITU does not effect a taking if, even in the absence of a NITU,
the railroad would not have abandoned its line (a necessary prerequisite for termination of the
easement under state law) during the period of the NITU.” Caquelin, 959 F.3d. at 1363. This is
because, in such circumstances “the NITU takes nothing from the landowner that the landowner
would have had in the absence of the NITU.” Id. Relying on this principle, the United States
argues that “there can be no taking if the Plaintiffs would never have their land back
unencumbered by a trail but for the NITU[.]” (Def.’s Mot. at 19–20). However, the land’s
current encumbrance by the Maybrook Trail does not constitute evidence that the Railroad would
not, in fact, have abandoned its line absent the NITU. Instead, the Court must consider a variety
of factors to properly discern the Railroad’s intent. See Sauer West, 151 F.4th at 1346.
Pursuant to the Trails Act, the “railbanking” process typically begins when the rail carrier
files either an abandonment application or a request for an exemption with the STB. Caldwell v.
5 The United States asserts this argument for fifty-five (55) of the claims in this matter (“Group
D”). (See Def.’s Ex. 2, ECF No. 45-2).
Image of the Maybrook Trail (Def.’s Mot., Ex. 2 at 13,
ECF No. 45-2)
Case 1:24-cv-00199-DAT Document 55 Filed 01/23/26 Page 59 of 66

60
United States, 391 F.3d 1226, 1229 (Fed. Cir. 2004) (citing 49 U.S.C. §§ 10903, 10502). Upon
the STB’s approval and publication of the notice of exemption, any potential trail operator can
file a railbanking petition which must include: “(1) a map of the right-of-way, (2) a statement
indicating that the trail operator will assume financial and legal liability for the right-of-way, and
(3) an acknowledgement that the right-of-way may be reactivated for railroad use in the future.”
Id. (citing 49 C.F.R. § 1152.29(a)). Assuming the petition meets the proper criteria, and the
railroad agrees to negotiate with the petitioner, the STB will issue a NITU which permits the
railroad “discontinue service, cancel tariffs, and salvage track and other equipment . . . without
consummating abandonment[.]” Id. A taking is accomplished when the NITU blocks state law
reversionary property interest that would otherwise take effect pursuant to normal abandonment
proceedings. Caquelin, 959 F.3d at 1363 (citing Caldwell, 391 F.3d at 1236). When no trail use
agreement has been reached, but the NITU compels the railroad to delay its abandonment, the
issuance of a NITU may effect a temporary physical taking. Ladd, 630 F.3d at 1023–24. In the
absence of a trail use agreement, it must be clearly shown that the railroad intended to abandon
its lines during the NITU period but was prevented from doing so by the existence of the NITU.
Memmer, 50 F.4th at 145.
In order reach the question of whether Plaintiffs here have established causation, the
Court must first determine the proper analytical framework as set forth by the Federal Circuit. A
NITU alone is not sufficient to establish that the government has caused a taking; the Court
should take a totality of the circumstances approach to discern “whether [the railroad] would
have consummated abandonment in the absence of the NITU.” Sauer West, 151 F.4th at 1346. In
Sauer West, the Circuit discussed many different factors that the Court could consider when
seeking to discern the railroad’s intent; these factors included things such as: (1) the railroad’s
request to abandon the line; (2) refusing to consent to an extension of the NITU; (3)
abandonment of the line within months of the NITU’s expiration; (4) whether the NITU
authorized track removal during the NITU period; and (5) whether the railroad did in fact
remove tracks. Id. (citing Caquelin, 959 F.3d at 1373; Memmer, 50 F.4th at 145 (comparing
different factors considered in Caquelin and Memmer)). The Circuit, however, pointed out how
the Court in Sauer West considered factors beyond those listed in Caquelin, including: (1) six
one-year extensions to negotiate the trails agreement; (2) improvements to the Line; (3) no
removal of tracks; (4) railcar storage on the line; (5) negotiations with other parties to reopen the
Line; and (6) the eventual decision not to abandon. Id. (citing Sauer West v. United States, 168
Fed. Cl. 49, 68 (2023) (finding plaintiffs had not demonstrated that the railroad would have
abandoned the line and therefore failed to establish causation)).
Notably, none of these cases state that a plaintiff is unable to recover damages due to
their land being encumbered by a trail that pre-existed the NITU. The Circuit’s focus has always
been on the NITU’s issuance and, in the absence of a trail use agreement, the railroad’s intent, or
lack thereof, to abandon the rail line. For these reasons, the Court does not find the United
States’ arguments persuasive, as they appear to suggest that real-world conditions—namely, the
Maybrook Trail—eliminate the need to apply the totality-of-the-circumstances approach
articulated by the Circuit. The United States’ reliance on Loveridge only heightens the Court’s
concerns with its position.
The United States contends that the “real-world conditions” of this case are comparable
to the circumstances in Loveridge. (Def.’s Mot. at 19 (citing Loveridge v. United States, 174 Fed.
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Cl. 379, 389–90 (2024) (“Loveridge”), appeal docketed, No. 25-1244 (Fed. Cir. Dec. 4, 2024))).
Specifically, the United States argues that “[t]he construction of and continued maintenance of
the Maybrook Trail is inconsistent with an intent to abandon MNR’s property rights in this
corridor.” (Id. at 20). To start, the United States’ suggestion that MNR’s “construction and
continued maintenance” of the Maybrook Trail is somehow indicative of MNR’s intent not to
abandon the rail line is simply illogical. (Id.). The purpose of the Trails Act is to “preserve the
right-of-way for future use, and, in the interim, convert the corridor into a recreational trail[;]” a
railroad acting in accordance with the Act’s stated purpose does not preclude the Court from
finding a taking occurred. Dimarino, 178 Fed. Cl. 733, 735(2025) (quoting Chicago Coating Co.
LLC v. United States, 892 F.3d 1164, 1167 (Fed. Cir. 2018) (internal citation omitted)).6 It is
hardly surprising that MNR—having volunteered to assume financial and legal responsibility for
the proposed trail—would take steps to ensure that its pre-existing trail remained serviceable.
Moreover, had a trail-use agreement already been executed and a trail constructed pursuant to
that agreement, MNR’s actions would be entirely consistent with, if not expected of, a trail
sponsor. In any event, maintenance of the Maybrook Trail is fundamentally distinct from the
continued maintenance of the rail line itself, and the former provides no basis for concluding that
the Railroad would not have abandoned the line.
The Court also finds United States’ comparison of the present case to Loveridge lacking.
In Loveridge, the Port of Tillamook Bay Railroad (“POTB”) entered a third-party contract to
operate a scenic train known as the “Oregon Coast Scenic Railroad” (“OCSR”) prior to the
issuance of the NITU. Loveridge, 174 Fed. Cl. at 388. OCSR did not conduct freight services,
but instead was established to educate the public about the railroad’s logging history. Id. Because
the language of POTB’s easements were broad, the decision to enter a third-party contract with
OCSR would most likely not have exceeded the scope of their easement. See id. at 390 (citing
Loveridge v. United States, 150 Fed. Cl. 143, 150 (2020)).7 However, this issue was never
properly before the Court.
To be clear, Loveridge was concerned with the possibility that the railroad’s third-party
agreement with OCSR was a use contemplated by the broad scope of the subject easement.
6 The United States also argues that there can be no causation because “MNR has not elected to
consummate abandonment of [the rail] line.” (Def.’s Mot. at 24). But this argument fails for the
same reasons, namely MNR has not consummated abandonment because it continues to pursue a
trail-use agreement, but this is an expected part of the railbanking process and does not resolve
the question of whether a taking occurred. See Galt Auto., 179 Fed. Cl. at 145.
7 Interestingly, during the liability phase of the litigation, neither party disclosed OCSR’s
existence which resulted in a finding by Judge Firestone that a taking had occurred. Loveridge, at
389. During a subsequent site visit to the rail line, the Court was surprised to find the scenic train
operating on the subject rail line. Loveridge, 174 Fed. Cl. at 389. The existence of the scenic
train, previously unknown during the liability stage, raised questions about whether a taking had,
in fact, occurred. Id. at 390. The Court expressed significant concern that this information had
not been expressly presented during the liability phase and noted that the scenic train “may have
altered the liability outcome.” Id. at 390.
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Loveridge, 174 Fed. Cl. at 390 (“[T]he scenic rail was in operation on the same rail corridor prior
to and after the issuance of the NITU . . . I certainly think it impacts the decision of whether
there was a taking to begin with.”). This is not the same scenario, and the United States’
arguments fail to comport with the Court’s analysis in Loveridge. Here, the United States is not
arguing that the Maybrook Trail is a use contemplated by the underlying easement, rather it
asserts that the mere existence of the trail prevents Plaintiffs from establishing causation because
their land would remain encumbered. (Def.’s Mot. at 19–20). Again, the government’s position
elevates the effects of “real-world conditions” over the express terms of the railroad’s deed.
Under this reasoning, a railroad could hypothetically construct a trail despite deed language
limiting its interest to railroad purposes, and later, when seeking to abandon the line, argue that
the plaintiffs cannot establish causation because their property would remain encumbered even in
the absence of the NITU. The Loveridge decision made no such finding, and the United States
has not cited any case supporting this approach. Adopting it would create a loophole that would
allow the United States to avoid paying just compensation after depriving property owners of the
reversionary interests to which they are entitled. Having clarified the proper analysis set forth by
the Circuit, the Court proceeds to determine whether the Plaintiffs have established causation.
First, MNR filed an abandonment application with the STB, reflecting its intent to
abandon the rail corridor. (Pls.’ Mot., Ex. 2). It is clear from the filings that MNR is filling the
shoes of the trail operator. MNR acknowledges that use of the line “is subject to MNR, as owner
and sponsor of the proposed trail,” and that it is assuming responsibility for any financial and
legal liability that may arise. (Pls.’ Mot., Ex. 2 at 4). MNR also acknowledged that the right-of-
way would be subject to potential reactivation of the rail line. (Id. at 5). MNR’s application was
accepted, which led to the STB’s issuance of a NITU. (Pls.’ Mot., Ex. 3). Upon approving
MNR’s Abandonment Application, the STB specifically noted that “MNR is both the owner of
the Line and the trail sponsor, [therefore] the negotiations that normally take place to reach a trail
use agreement as contemplated under 49 C.F.R. § 1152.29 may not be needed.” (Id. at 2).
Second, MNR has on several occasions stated its intent to abandon the line to pursue
recreational trail use to the STB. (See Pls.’ Ex. 22 at 4 (“This Verified Notice concerns MNR’s
planned abandonment of the [rail line]”), 5 (“MNR intends to consummate the proposed
abandonment[.]”), and 6 (“MNR is seeking abandonment of the Line”)).8 In the absence of
convincing evidence to the contrary, these statements strongly indicate MNR’s intent to abandon
the rail line. See Galt Auto., 179 Fed. Cl. at 145 (“MNR’s self-expression of its intent to
abandon, and the United States failure to rebut the presumption of abandonment, left no doubt
that a taking had in fact occurred.”) (citing DiMarino, 178 Fed. Cl. at 735).
To rebut this presumption, the United States submits a declaration from Susan Sarch,
former Vice President and General Counsel for MNR, in which she states:
MNR uses the existing rail yard near Hopewell Junction and portions of the
Beacon Line property for storage of equipment and materials used in MNR’s
provision of commuter rail service on its active rail lines; however, MNR
8 Citations to page numbers are those assigned by CM/ECF.
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does not use the Beacon Line for any other purposes except for fiber optic
communication (there is a fiber optic cable spanning the entire Beacon Line).
(Decl. of Susan Sarch, at ¶ 20, ECF No. 45-4). There also does not seem to be any evidence that
MNR has removed any tracks, even from along the areas alongside the Maybrook Trail. (Def.’s
Mot. at 25). Even so, while MNR has sought and obtained a one-year extension of the NITU, the
United States acknowledges that service on the rail line has been discontinued for some time
now. (Def.’s Mot. at 24 (“[T[here is no dispute that service on the Beacon Line has only been
discontinued[.]”)).
The Court finds that the United States has not presented evidence “affirmatively
indicating the railroad would have delayed abandonment . . . had there been no NITU[.]” Sauer
West, 151 F.4th at 1346. MNR’s fiber optic cable and use of one rail yard are insufficient to find
in favor of the United States. Plaintiffs, however, have demonstrated that MNR would have
abandoned the rail line absent the NITU. Again, MNR’s statements and reaffirmance support this
finding. (See Pls.’ Ex. 22). Therefore, the Court DENIES the United States’ Motion as to
causation. Additionally, while the United States moved for summary judgment as to causation
specifically as to Group D Plaintiffs, the Court’s finding is also applicable to any Plaintiffs
outside of this Group who have successfully demonstrated an interest in the rail corridor.
Therefore, the Court GRANTS partial summary judgment, as to causation, for any Plaintiff who
has demonstrated a property interest as discussed earlier in this decision.
ii. 	Just Compensation
Next, the United States argues that the Plaintiffs cannot meet their burden of proof as to
just compensation because their expert reports failed to account for the Maybrook Trail. (Def.’s
Mot. at 20–22). According to the United States, Plaintiffs’ expert (“Mr. Nordine”) was expressly
instructed by legal counsel “not to consider [the Maybrook Trail] in the ‘Before’ scenario of his
appraisal reports.” (Id. at 21 (emphasis in original)). Therefore, the United States claims that Mr.
Nordine’s reports fail to provide an opinion of market value that incorporates the Maybrook Trail
but instead are based on a “counter-factual Hypothetical Condition” that the land within the
corridor is unencumbered. (Id. at 22).
Where a taking has been established, property owners bear “the burden of proving an
actual loss has occurred” to determine just compensation. Otay Mesa Prop., L.P. v. United
States, 779 F.3d 1315, 1323 (Fed. Cir. 2015). Landowners bear the burden of establishing a
railroad corridor’s value, which is a factual inquiry. Memmer v. United States, 150 Fed. Cl. 706,
753–54 (2024). Landowners bear the burden of establishing the value of the railway corridor.
Hyatt v. United States, 170 Fed. Cl. 417, 432 (2024) (internal citations omitted). Property owners
meet this burden if they show actual damages “with reasonable certainty.” Ind. Mich. Power Co.
v. United States, 422 F.3d 1369, 1373 (Fed. Cir. 2005). This “requires more than a guess, but less
than absolute exactness.” Precision Pine & Timber, Inc. v. United States, 596 F.3d 817, 833
(Fed. Cir. 2010).
The Federal Circuit has recognized that traditional compensation methods are not
exclusive, and that alternative valuation approaches may be appropriate in cases involving the
taking of an easement. See Vaizburd v. United States, 384 F.3d 1278, 1285–87 (Fed. Cir. 2004);
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see also Yaist v. United States, 17 Cl. Ct. 246, 257 (1989) (“[t]he court may use its judgment in
selecting the method to determine fair market value.”). In ruling on disputes over valuation
standards in takings cases, the Court is cognizant of the guiding principle that “just compensation
should be carefully tailored to the circumstances of each particular case.” Otay Mesa, 670 F.3d at
1368. The Court seeks “the full monetary equivalent” of the property interest taken to ensure that
property owners receive just compensation under the Fifth Amendment. Almota Farmers
Elevator & Whse. Co. v. United States, 409 U.S. 470, 473–74 (1973).
In rails-to-trails cases, the Court uses the “before and after” method of assessing damages
where just compensation equals the difference in market value of the land before and after the
easement is imposed. Otay Mesa, 670 F.3d at 1364. Although “the ‘conventional’ method” of
valuing an easement “is the ‘before-and-after’ method, i.e., ‘the difference between the value of
the property before and after the Government’s easement was imposed[,]’ . . . there may be
appropriate alternative valuation methods for the taking of an easement.” Id. (internal quotes
omitted); see Balagna v. United States, 138 Fed. Cl. 398, 404 (2018).
The Court may exclude legal restrictions in calculating the “before and after” condition
of properties. In Moore v. United States, the Court held that “fair market value of the entire
affected parcel [is determined] as if the easement did not exist and then another determination in
light of the taking.” 54 Fed. Cl. 747, 749 (2002). The next year, this Court went on to explain
that the “before and after” calculation requires “a determination of the fair market value of the
entire affected parcel as if the easement did not exist and then another determination in light of
the taking.” Illig v. United States, 58 Fed. Cl. 619, 624 (2003) (citing Moore, 54 Fed. Cl. at
749)). In 2011, the Court held:
[T]he extent of the taking depends not on plaintiffs’ property interests at the
time of the NITU, but rather “upon the nature of the state-created property
interest that petitioners would have enjoyed absent the federal action and
upon the extent that the federal action burdened that interest.” This view is
consistent with well-settled Federal Circuit precedent that “[t]he taking, if
any, when a railroad right-of-way is converted to interim trail use under the
Trails Act occurs when state law reversionary property interests that would
otherwise vest in the adjacent landowners are blocked from so vesting.”
Because the easement would have reverted back to plaintiffs under state law,
the fee simple value of plaintiffs’ properties is the appropriate starting point
in a damages analysis for just compensation; the appropriate measure of
damages is the difference between the value of plaintiffs’ land unencumbered
by a railroad easement and the value of plaintiffs’ land encumbered by a
perpetual trail use easement subject to possible reactivation as a railroad.
Raulerson v. United States, 99 Fed. Cl. 9, 12 (2011) (internal citations omitted).
Regardless of how value is calculated, it must account for the physical condition of the
property at the time of the taking. See Rasmuson v. United States, 807 F.3d 1343, 1345–46 (Fed.
Cir. 2015) (“[T]he fair market value of the land includes the physical remnants of the railway
that would have remained on the landowners’ property but for the issuance of the NITUs[;]”
“[A] ‘before’ calculation that does not account for the costs of removing the physical remnants
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of the railway will result in an artificially inflated value and yield a windfall to the landowner.”).
In Rasmuson, the parties disagreed whether the “before” condition should include the remnants
of the railroad’s use, including earthen embankments, ties, and poor soil conditions. Id. The
Federal Circuit found that the “before” condition “has to account for [the] physical conditions,”
of the land when “[a]bsent the NITUs, the land would have returned to the landowners,” with
those physical conditions. Id. at 1346. Rasmuson and analogous decisions make clear that the
“before” condition distinguishes between land free of legal encumbrances and land free of the
tangible, physical traces left by a railway. See id. The relevant real-world context for the
“before” condition is the property’s actual physical state, unburdened by the easement created by
the NITU.
Plaintiffs argue that the Maybrook Trail does not impact the just compensation and
simply cites to several cases generally holding that the “[b]efore condition is considered
unencumbered with any railroad purpose easement.” (Pls.’ Reply at 22–23 (citing multiple
cases)). However, because of the preceding analysis, Plaintiffs’ statement is oversimplified.9
Upon review of the entire record, the Court finds that overlooking the Maybrook Trail
would obscure the fact that the trail does, in fact, exist. A fundamental principle of just
compensation is that the public must not pay property owners more than the value of what they
have actually lost. Bauman v. Ross, 167 U.S. 548, 574 (1897) (explaining that an owner “is
entitled to receive the value of what he has been deprived of,” and that awarding more “would be
unjust to the public”). In this case, the Maybrook Trail was constructed before the NITU,
remains in active public use, and would continue to exist under any conceivable scenario unless
the property reverted to Plaintiffs and they undertook steps to remove it. The Court therefore
concludes that excluding the Maybrook Trail from the “before” condition may artificially inflate
the properties’ before-value and compensate Plaintiffs for more than what was taken. United
States v. Va. Elec. & Power Co., 365 U.S. 624, 633 (1961); Almota Farmers Elevator &
Warehouse Co., 409 U.S. at 473–74 (“The owner is to be put in the same position monetarily as
he would have occupied if his property had not been taken.”). Nevertheless, this factor does not
resolve the question of just compensation, since it may have no bearing on the outcome.
While the Court concurs with the United States that ignoring a trail would create a
hypothetical construct that may inflate Plaintiffs’ potential recovery, this is not a certainty. This
argument fails to account for Plaintiffs’ right to repair the harm inflicted by the Maybrook Trail,
a right extinguished by the taking. The before-condition in valuation seeks to establish the
property’s worth absent the burden of a railroad easement. See Raulerson, 99 Fed. Cl. at 12.
Even if the trail itself remained, there is no reasonable basis to assume the public would continue
9 The United States cannot be held accountable for MNR’s conduct preceding issuance of the
NITU. Any harms resulting from third-party actions in this case cannot be imputed to the United
States. See Rancho Vista Del Mar v. United States, 169 Fed. Cl. 299, 306 (2024). Even if MNR’s
construction of a trail exceeded the scope of its easement, that issue lies outside the matters
properly before the Court.
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to use it, as public use depends on factors other than the mere presence of a path. This is
materially different from the situation in Loveridge, where the scenic train continued to operate
over the easement even after issuance of the NITU. Loveridge, 174 Fed. Cl. at 388. That ongoing
rail activity created a real-world condition that prospective purchasers would reasonably factor
into valuation. In this case, the “before” condition is most accurately characterized as a trail
corridor in which the physical trail remains, but pedestrian traffic is absent, because the
reversionary interest would have extinguished the trail use altogether.
Accordingly, Plaintiffs must instruct their expert to consider the Maybrook Trail in its
“before condition” to calculate just compensation. The Court notes that, given the findings
above, inclusion of the Maybrook Trail may have little to no effect on the damages to which
Plaintiffs may be entitled. Given that fact and expert discovery have already closed in this
matter, the Court finds that additional time is warranted for Plaintiffs to evaluate property values
inclusive of the preexisting Maybrook Trail. Accordingly, the Court will grant an additional
thirty-five (35) days to complete expert discovery.
III. 	Conclusion
The Court GRANTS-IN-PART and DENIES-IN-PART Plaintiffs’ Motion for Partial
Summary Judgment as to liability, (ECF No. 43), and GRANTS-IN-PART and DENIES-IN-
PART the United States’ Cross-Motion, (ECF No. 45). The Court also extends expert discovery,
which is now set to close on February 27, 2026.
Finally, the Parties SHALL also file a Joint Status Report by February 27, 2026, setting
forth a proposed pretrial schedule and trial date.
IT IS SO ORDERED.
s/ 	David A. Tapp
DAVID A. TAPP, Judge
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