Bayfield County to appeal corridor ruling

By RICK OLIVO

The Daily Press

Wednesday, February 14th, 2007 10:06:15 AM

WASHBURN — The other shoe has dropped in the continuing controversy between landowners along the former Chicago and Northwestern Rail Corridor and Bayfield County.

Landowners won the first round in the current battle over the corridor, which runs from Bayfield to the Sawyer County line, with a ruling favorable to them issued in January by U.S. District Court Judge John Shabaz in Madison.

In his ruling on a lawsuit filed by landowners, Shabaz said the county had no legal interest in the former right-of-way. Shabaz issued a summary judgment saying the landowner plaintiffs were entitled to declaratory relief quieting their title to the property against Bayfield County's claims to the corridor under federal statutes. Shabaz said in ordering the judgment that the plaintiffs owned the former railroad property.

In response, on January 29, the county board, meeting in special session, voted to instruct their attorneys to prepare a resolution to declare the corridor a public highway. Meeting the next day, by a narrow 7-6 margin, the county board approved the resolution, but did not act on whether or not to appeal Shabaz's ruling.

In Tuesday's board session, board members, split along the same narrow lines, again voted 7-6 to take Shabaz's ruling to the U.S. Court of Appeals. In addition, the board voted by the same 7-6 margin to authorize their attorneys to "commence an action on behalf of the county for a declaratory judgment to determine the county's rights in the railroad right-of-way previously used by the Chicago and Northwestern Railroad, from the northern city limits of the City of Washburn to the Bayfield-Sawyer County Line."

A declaratory judgment is a judgment of a competent court in a civil case, which declares the rights, duties, or obligations of each party in a dispute. The judgment is binding as to the duties, rights and obligations of the parties. However, a declaratory judgment does not order any action or result in any award of damages to any party to the case. A declaratory judgment is typically requested when a party is threatened with a lawsuit or as part of a counterclaim to prevent further, similar lawsuits from the same plaintiff.

As in the past, there were a number of persons in the county board room representing the interests of trail supporters and landowners. This time, however, none of those in attendance took advantage of the public comment period to support their positions.

The board discussed the matter with their attorneys in closed session over a speakerphone conference for about 30 minutes before they cast their votes.

After the closed session, board members likewise had little additional to say about the issues involved.

Board member John Blahnik said that, while he favored snowmobile and all terrain vehicle trails, he was opposed to going to court to force the issue.

"I can't support it," he said.

Kenneth "Bucky" Jardine, a vocal trail proponent, said the cooperative efforts promoted by Blahnik had been tried for 10 or 12 years since he had been on the board.

"It hasn't worked," he said.

In other matters, the board:

• Approved the 2007-2009 corporation counsel agreement with Bayfield attorney Bill Bussey. The agreement calls for compensation of $120 an hour for 2007 and 2008 and $130 per hour in 2009.

• Approved the filing of a Community Development Block Grant Program application for a planning study of a proposed 72-acre industrial park along State Highway 13 in the Town of Bayfield.