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SOO LINE RR. CO. v. NEENAH

No. 215.

64 Wis.2d 665 (1974)

221 N.W.2d 907

SOO LINE RAILROAD COMPANY, Appellant, v. CITY OF NEENAH, Respondent.

Supreme Court of Wisconsin.

Decided October 1, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., and Reginald W. Nelson, all of Milwaukee, and oral argument by Mr. Nelson.

For the respondent there was a brief by Duane G. Philis, city attorney, and oral argument by Daniel P. Murphy, city attorney.

DAY, J.

Sec. 75.65, Stats. 1955,1 now sec. 66.64, is the statutory authority for levying special assessments for sanitary sewer installation against railroad property.

Since 1912 the law of Wisconsin has been that a railroad is subject to special assessments for sewers laid along its right-of-way for benefits derived "in its general relations and apart from its particular use." Chicago...

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