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VILLAGE OF PRENTICE v. WIS. TRANSP. COMM.

No. 84-240.

123 Wis.2d 113 (1985)

365 N.W.2d 899

VILLAGE OF PRENTICE, Petitioner-Respondent, and Cross-Appellant, v. TRANSPORTATION COMMISSION OF WISCONSIN, and Wisconsin Department of Transportation, Appellants and Cross-Respondents.

Court of Appeals of Wisconsin.

Decided February 5, 1985.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Robert D. Repasky, assistant attorney general.

For the respondent the cause was submitted on the briefs of Peter J. Thompson of Prentice.

Before Cane, P.J., Dean and Brown, JJ.

CANE, P.J.

The Wisconsin Department of Transportation appeals the circuit court's order that vacated an order by the Transportation Commission of Wisconsin. The commission's order rescinded a previous order that required a divided crossing where State Trunk Highway 13 crosses the tracks of the Soo Line Railroad Company near the Village of Prentice. The commission ordered that an at-grade crossing be constructed instead of a divided crossing. The circuit court ruled...

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