CHICAGO & N. W. TRANSP. CO. v. PEDERSEN

No. 75-702.

80 Wis.2d 566 (1977)

259 N.W.2d 316

CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, and another, Respondents, v. PEDERSEN, and others, Appellants.

Supreme Court of Wisconsin.

Decided November 14, 1977.


Attorney(s) appearing for the Case

There was a joint brief by Bronson C. La Follette, attorney general, Thomas J. Balistreri, assistant attorney general for appellant, Attorney General; and Thomas P. Fox, district attorney of Bayfield county for appellant, Earl H. Pedersen, with oral argument by Thomas J. Balistreri.

For the respondents there was a brief by Roger S. Bessey, Terry E. Johnson and Borgelt, Powell, Peterson & Frauen, S. C. and oral argument by Roger S. Bessey, all of Milwaukee.


DAY, J.

This is an appeal from a declaratory judgment in which the trial court held secs. 700.30 and 893.075, Stats. (Ch. 260, L. 1973) unconstitutional and enjoined all Wisconsin county registers of deeds from carrying out the provisions of the act. We affirm the judgment of the trial court.

Sec. 700.30, Stats., at issue here, reads as follows:

"700.30 Mineral Rights. (1) Any person, other than the surface fee owner, who claims title to mineral...

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