Power REIT has issued an 8K indicating a ruling from the Third Circuit Court of Appeals affirming the ruling from the lower court. The 8K also has the ruling as an attachment.

Power REIT should consider whether to appeal the ruling to the full Third Circuit Court of Appeals Judge panel.  The ruling affirming the lower court was issued from a 3 judge panel.

 The decision as to whether PW should pursue an "en banc" ruling should evaluate the cost of such a strategy versus the low probability of success in that strategy.

Overall, the third Circuit Court of Appeals has a low success rate for appellants.

Tom:

Congratulations on your Clean Energy Stock picks. Impressive.

Excellent article, Tom.

I concur that the longer the Appellate Court takes to render an opinion, the more likely the Appellate Court will render a favorable decision for Power REIT.

We were expecting an appellate court decision sometime in the First quarter of 2017!

Appeals are uphill battles, however, Power REIT’s case is compelling.

See Power REIT: Why David Should Defeat Goliath www.talkmarkets.com/.../power-reit-why-david-should-defeat-goliath

Item 8.01 – Stock Buyback

On January 23, 2017, the Registrant announces that the board of directors has authorized the purchase by the Company of up to $750,000 worth of shares of the Company’s outstanding common stock, from time-to-time in the open market. Purchases will be made depending on then-current market and economic considerations and the Company’s view of its stock trading price, and subject to compliance with applicable legal requirements. Any such purchase activity, including the number of any shares purchased and their average price will be disclosed in subsequent public filings.

I do not anticipate any further significant appellate litigation expenses for Power REIT. The litigation has been going on for 5 years. We're now awaiting a decision from the Third Circuit Court of Appeals. A decision will be made based upon the briefs submitted.

Once the Appellate case is concluded, there's a high probability that the dividend will be re-instituted. Prior to the litigation, PW was paying a dividend of.40 per share.

Power REIT in its recently updated Shareholder Presentation( under the Investor Relations tab) www.pwreit.com,

indicates: "Potential to resume common dividends as litigation expenses decline

– Historical dividend rate at $0.10 / quarter (prior to litigation)"

Also, note on page 18 of the Shareholder Presentation that Core FFO is at.60 per share.