Legal Opinion
May v. Tri-County Trails Commission
Court of Appeals of Wisconsin
Decided June 25, 1998No. 97-0588PublishedCited by 2 opinions
1Opinion of the CourtRoggensack, J.
Tri-County Trails Commission appeals a declaratory judgment which concluded that § 192.33, STATS., requires Tri-County Trails to fence the recreational trail which it maintains on a railroad right-of-way adjacent to Plaintiffs' properties. Because we conclude that the plain meaning of § 192.33 requires fencing only when one is "operating" a railroad, and because there is no evidence that TriCounty Trails is doing so, we reverse the order of the circuit court and remand for dismissal of the action.
BACKGROUND
Tri-County Trails maintains a recreational trail on a former railroad right-of-way…
2Cases cited11 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Northern States Power Co. v. BugherWisconsin Supreme Court · 1995
- Michelle T. Ex Rel. Sumpter v. CrozierWisconsin Supreme Court · 1993
- Lindas v. CadyWisconsin Supreme Court · 1994
- State Ex Rel. Flowers v. Department of Health & Social ServicesWisconsin Supreme Court · 1978
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3Cited by2 opinions
- Reginald D. Burke, Sr. v. Janet Johnston, Pamela S. Knick, Vicki BenjaminCourt of Appeals for the Seventh Circuit · 2006
- Burke, Reginald D. v. Johnston, JanetCourt of Appeals for the Seventh Circuit · 2006