Rules Maulers have no legal title to right of way

A U.S. District Court Judge has found that part of a popular snowmobile trail in Bayfield County is owned by the county and not by a pair of Bayfield County residents whose property it crosses.

The decision, issued by District Court Judge Barbara Crabb on Wednesday ruled against Douglas and Judith Mauler, whose property is located near Benoit on County Highway "F." The Maulers filed suit against Bayfield County earlier this year claiming that the rail corridor had become part of their land after the Union Pacific Railroad abandoned the line in 1978.

However, Crabb found that the railroad had properly conveyed the right of way for a public highway and that the defendant, Bayfield County, had established a public highway along the right of way.

"I conclude that plaintiffs have no legal right or interest in the right of way," Crabb wrote in her decision. "Because the plaintiffs have no legal interest in the right of way at issue, they lack standing to seek a declaration that the right of way has been abandoned."

Crabb wrote in her opinion that federal law gave the railroad the right to convey the corridor for use as a public highway. She ruled that the County owned the trail and as a result of the decision, the county can continue to use the trail as part of the County's snowmobile trail system.

The lawsuit was the latest legal proceeding in a fight between the Maulers and Bayfield County going back to 1998 when the Maulers erected a wooden barrier to prevent snowmobilers from crossing the trail at their property. The Maulers agreed to remove the barrier in November of 1998 after Bayfield County filed a lawsuit against them. The county also sued the couple in October of that year and won a declaratory judgement that it had a legally valid interest in the right of way and enjoining the Maulers from blocking the snowmobile trail. On appeal, the state court of appeals affirmed the judgement.

Bayfield County Director of Tourism and Recreation Pat Thornton said she was "very pleased" with Crabb's decision.

"Tourism is one of the County's main sources of revenue in the winter and plays a huge role. Removing uncertainty over the County's right to the trail was vitally important to maintaining the premier status of the tourist industry in northern Wisconsin."

Richard Nordeng, the attorney who represented Bayfield County in the Federal Court Action said the court's decision was important in determining who owns other similarly situated rail corridors in the state.

"Many of the railroad corridors in Wisconsin were established as the result of land grants from the United States. The Court's decision establishes the right of a local community to develop public trails on the railroad corridors, thus preserving the use of the land for the public," he said.

Meanwhile, the Maulers declined comment on Crabb's decision except to say that an appeal was "a definite possibility."