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GREEN BAY & W.R.Co. v. WIS. TRANSP. COMM.

No. 84-699.

123 Wis.2d 147 (1985)

365 N.W.2d 909

GREEN BAY & WESTERN RAILROAD CO., Petitioner-Respondent, v. TRANSPORTATION COMMISSION OF WISCONSIN, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided February 5, 1985.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Daniel D. Stier, assistant attorney general, assisted by Jeanne Morris, law clerk.

For the respondent the cause was submitted on the brief of Anderson, Fisher, Shannon, O'Brien & Rice and Daniel G. Golden, of Plover.

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

LAROCQUE, J.

The Transportation Commission of Wisconsin appeals a judgment holding that it lacks jurisdiction to regulate railroad crossings of two snowmobile trails in Trempealeau and Jackson Counties. The commission has the authority to regulate railroad crossings of highways. Section 195.29 (1), Stats. The sole issue is whether the snowmobile trails are "highways" within the meaning of sec. 195.29 (1). Because we conclude that they are not, we affirm the judgment...

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