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eBook details

• Title: Soo Line Railroad Company v. Department
• Author : Supreme Court of Wisconsin
• Release Date : January 31, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This appeal comes to us on certification of the court of appeals. We are reviewing a judgment of the circuit court for Dane
county declaring sec. 923(48) (a), ch. 418, Laws of 1977, unconstitutional and enjoining the Wisconsin Department of Transportation
from acting in accordance with that law. We affirm the judgment. The controversy between Soo Line Railroad Company and the Department of Transportation began in February 1975 when the Department
petitioned the Public Service Commission pursuant to secs. 195.28 and 195.29, Stats. 1975, 1 for approval of a proposed
at-grade railroad crossing where relocated state trunk highway 13 crosses the Soo Line Railroad tracks. The state owns the
land upon which the crossing would be placed, and the Soo Line has an easement. The Public Service Commission determined that
the crossing should be an overhead crossing, not an at-grade crossing as proposed by the Department. An overhead crossing
costs substantially more than an at-grade crossing.

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