Power REIT current report, 23 December 2016

Business Context and Reporting Period

This Form 8-K was filed by Power REIT on December 23, 2016. The report addresses a litigation update concerning the company and its wholly-owned subsidiary, Pittsburgh & West Virginia Railroad ("P&WV").

Key Financial Metrics

The filing text does not provide a clear value for revenue, profit, cash flow, margins, debt, or liquidity. This report is limited to legal proceedings and does not contain financial performance data.

Material Changes

The material change reported is the procedural status of an ongoing appeal regarding a Railroad Lease dispute between P&WV and Norfolk Southern Corporation ("NSC") and its sub-lessee, Wheeling & Lake Erie Railroad ("WLE").

Outlook, Risks, and Management Commentary

  • Litigation Status: The case is pending in Federal district court in Pittsburgh, Pennsylvania. Power REIT and P&WV have filed an appeal to the United States Court of Appeals for the Third Circuit.
  • Procedural Update: The Court of Appeals has issued a notice that the appeal will be decided based on filed briefs with no oral argument.
  • Timeline: P&WV believes a ruling may be forthcoming during the first quarter of 2017.
  • Disclosure: Key court filings are available on the company's website under the "P&WV Litigation Update" tab. The company notes that these documents are not comprehensive and directs investors to the PACER website for the full docket.
  • Risk Reference: Investors are encouraged to review risks and disclosures in Power REIT's Annual Report on Form 10-K.

Investor Verification Checklist

  • Verify the full case docket on the Public Access to Court Records (PACER) website.
  • Review the "P&WV Litigation Update" section on Power REIT's investor relations website for supporting documents.
  • Consult the most recent Form 10-K for detailed risk factors associated with the Railroad Lease dispute.
  • Monitor for the anticipated ruling from the Third Circuit Court of Appeals in Q1 2017.