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WISCONSIN CENT. LTD. v. GOTTLIEB

No. 2012AP1019.

832 N.W.2d 359 (2013)

2013 WI App 61

WISCONSIN CENTRAL LTD, Plaintiff-Appellant, v. Mark GOTTLIEB, Secretary, Wisconsin Department of Transportation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 24, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Russell W. Wilson and Terri M. Smith of Ruder Ware, L.L.S.C. of Wausau. There was oral argument by Russell W. Wilson.

On behalf of the defendant-respondent, the cause was submitted on the brief of Chad R. Gendreau , assistant attorney general, R. Duane Harlow , assistant attorney general, and J.B. Van Hollen , attorney general. There was oral argument by Chad R. Gendreau.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

BROWN, C.J.

¶ 1 This case concerns a troublesome railroad crossing where busy railroad tracks owned by Wisconsin Central LTD (WCL) intersect with high volume vehicle traffic on Lakeshore Drive leading into and out of the city of Fond du Lac. Pursuant to an order of the Office of the Commissioner of Railroads (OCR), the Wisconsin Department of Transportation (DOT) is managing a project through which vehicle traffic on Lakeshore Drive will be redirected onto an...

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