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MAULER v. BAYFIELD COUNTY

No. 02-1358.

309 F.3d 997 (2002)

Douglas A. MAULER and Judith A. Mauler, Plaintiffs-Appellants, v. BAYFIELD COUNTY, a political subdivision of the State of Wisconsin, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 2002.

Rehearing and Rehearing Denied November 25, 2002.

Attorney(s) appearing for the Case

Jon E. Kingstad (argued), Woodbury, MN, for Plaintiff-Appellant.

Richard K. Nordeng (argued), Stafford Rosenbaum, Madison, WI, for Defendant-Appellee.

Charles H. Montagne (argued), for Amicus Curiae.

Before FLAUM, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 25, 2002.

FLAUM, Chief Judge.

Douglas and Judith Mauler appeal the district court's finding that they hold no legal title or interest in a railroad right of way crossing their private property. The Maulers claim the former railway corridor was not a "right of way" subject to disposition under federal law and insist they have a valid reversionary interest in the land which has been unconstitutionally taken by...

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