Green Bay & Western Railroad v. Transportation Commission

The Transportation Commission of Wisconsin appeals a judgment holding that it lacks jurisdiction to regulate railroad crossings of two snowmobile trails in Trempealeau and Jackson Counties. The commission has the authority to regulate railroad crossings of highways. Section 195.29(1), Stats. The sole issue is whether the snowmobile trails are “highways” within the meaning of sec. 195.29(1). Because we conclude that they are not, we affirm the judgment.

Trempealeau County and Jackson County each petitioned the Public Service Commission to install railroad crossings where the snowmobile trails…