ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC
PER CURIAM.ORDER
A combined petition for panel rehearing and rehearing en banc was filed by Defendant-Appellee, and a response thereto was invited by the court and filed by Plaintiffs-Appellants. The court granted leave to Rails-To-Trails Conservancy to file a brief amicus curiae.
The petition for panel rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, response, and brief ami-cus curiae were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was requested, taken, and failed.
Upon consideration thereof,
It Is Ordered That:
(1) The petition of Defendant-Appellee for panel rehearing is denied.
(2) The petition of Defendant-Appellee for rehearing en banc is denied.
(3) The mandate of the court will issue on June 2, 2011.