Chicago & North Western Transportation Co. v. Office of the Commissioner of Railroads

Chicago and North Western Transportation Company (CNW) appeals from an order affirming an order of the Commissioner of Railroads requiring CNW to install and maintain drainage improvements in an earthen railroad grade ,as designed by the Milwaukee Metropolitan Sewerage District. CNW argues that: (1) the District does not have standing to initiate an action under § 88.87(4), Stats., because the District did not first comply with all of the procedural requirements set forth in § 88.87(2); (2) the Commissioner cannot order CNW to modify its grade if the grade has not already caused an…