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SIXMILE CREEK v. C.&N.W.TRANSP. CO.

No. 93-0127.

178 Wis.2d 237 (1993)

504 N.W.2d 348

SIXMILE CREEK ASSOCIATES, INC., a Wisconsin corporation, and Robert R. Ranguette, Petitioners-Plaintiffs-Respondents, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, a Delaware corporation, Respondent-Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 1, 1993.

Attorney(s) appearing for the Case

For the respondent-defendant-appellant the cause was submitted on the briefs of Michael D. Stotler and Thomas L. Smallwood of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

For the petitioners-plaintiffs-respondents the cause was submitted on the brief of Don M. Millis and Kim Grimmer of Ross & Stevens, S.C., of Madison.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

The Chicago and North Western Transportation Company appeals from a judgment and absolute writ of mandamus ordering it to construct and maintain three at-grade "farm crossings" on its railroad right-of-way and track running through land on which Sixmile Creek Associates, Inc., plans to construct a golf course.

The issue is whether, given the nature of the property and the intended use of the proposed...

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