Soo Line Railroad Company, d/b/a CPKC v. Village of Elm Grove

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN SOO LINE RAILROAD COMPANY, d/b/a CPKC, Plaintiff, v. Case No. 25-CV-1250 VILLAGE OF ELM GROVE, Defendant. DECISION AND ORDER 1. Facts and Procedural Background The Village of Elm Grove is a Wisconsin municipal corporation. (ECF No. 24, ¶ 5.) This lawsuit concerns an effort by the Village to bring an enclosed creek to the surface for stormwater management purposes—known as the Underwood Creek Daylighting Project. (ECF No. 1, ¶ 13; ECF No. 24, ¶ 13.) In connection with its creek project, in 2023 the Village re-opened discussions about…