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CITY OF WEYAUWEGA v. WISCONSIN CENTRAL

Appeal No. 2017AP2298.

919 N.W.2d 609 (2018)

2018 WI App 65

CITY OF WEYAUWEGA, Plaintiff-Respondent, v. WISCONSIN CENTRAL LTD., Defendant-Appellant.

Court of Appeals of Wisconsin.

Filed September 20, 2018.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael J. Barron, Jr. of Fletcher & Sippel LLC, Chicago, Illinois.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William E. Fischer of von Briesen & Roper, s.c., Oshkosh.

Before Lundsten, P.J., Kloppenburg and Fitzpatrick, JJ.

¶ 1 A City of Weyauwega ordinance prohibits any train from obstructing, for more than ten minutes, any street or highway that crosses railroad tracks unless the train is in continuous motion. Wisconsin Central Ltd. is a railroad carrier whose trains obstruct the City's street and highway railroad crossings with some regularity...

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