BENOIT -- Doug and Judy Mauler thought they'd found their dream home in November of 1994.

Along County Road F, northwest of Benoit, the Maulers envisioned turning an all but unused turn-of-the century farmhouse into a little piece of paradise. For the most part, they have. The home has been extensively remodeled with new siding, new roofing and a revamping of the entire interior. The adjacent grounds reflect the gardener in Judy and the quiet both she and Doug seek. The entire property is straight out of Better Homes and Gardens.

But the dream isn't without its nightmares for the Maulers.

About 50 feet from the Mauler's home runs an abandoned railroad grade, which, like most in the Bayfield County area, is transformed into a snowmobile trail each winter. This railroad grade, the Mauler's dream, the Bayfield County Snowmobile Alliance and Bayfield County -- and others -- have become embroiled in a legal battle that should culminate this summer when Judge Barbara Crabb of the Federal Court of the Western District of Wisconsin in Madison makes her ruling on who owns this railroad grade. The Maulers say they do. Bayfield County says it does.

Crabb's decision could have a far reaching impact on how snowmobiling and ATVing is done. A decision in the Maulers favor could mean other homeowners in Bayfield County could make similar claims, possibly cutting out important links in the local snowmobile routes. A decision in Bayfield County's favor keeps the activities alive, keeps the vital tourism dollars intact, but at least in the Maulers' case leaves a bad taste in the mouth for the private citizen.

This case went before the Bayfield County Board in 1998, been through local circuit court and the State Appeals Court -- it was even considered before eventually being rejected for hearing by the Wisconsin State Supreme Court -- because the Maulers believe the railroad grade belongs to them.

And Bayfield County believes it does not.

Ownership

When the Maulers purchased the home some seven years ago obviously they were aware the railroad grade ran past their house. And they knew it was to be used as a snowmobile trail.

"But we weren't worried, we thought we owned the trail," Judy said.

That's because an abstract company's title search on the land turned up no outstanding claims on the property. Not on the home. Not on the land. And not on the railroad grade. Satisfied, the Maulers purchased the house, and moved in.

At first, beginning in 1994, the snowmobiling wasn't a distraction.

"The first couple of winters there wasn't much snow, so it wasn't a problem," Judy said.

But then things changed. Heavier snowfalls led to increased snowmobile traffic. An increase in ATV traffic led to summer recreation on the grade. There were hunters in the fall. And because some of the recreational activity included motorists leaving the grade and coming up the Maulers' private drive and onto their property, they decided to make a change in 1996.

"We wanted to create an alternate route, using the railroad grade, that would take the traffic further away from the house, but still allow for the route to exist," Judy said.

This would have meant putting a jog in the trail of about a half mile that would move recreational traffic off the grade, closer to the highway and about 75-plus yards further away from the Maulers' home, thereby reducing the noise, thereby reducing the intrusions on their property.

"I want this to be very clear, we never had any intention of closing down the snowmobile trail. Never. But we thought that the alternative route would work," Mauler said. "We still do."

Attorneys became involved in December 1998, and then Earl Orner of the Bayfield County Snowmobile Alliance even came out and helped develop the alternate route. The flags that delineate the alternate route are still hanging there years after the fact, a sign of what could have been. The cost for rerouting was projected at about $8,000. A cost far less than the legal expenses both sides have had to ante up.

Judy Mauler believes Bayfield County and the snowmobile alliance were even going to concede the ownership question, despite initial posturing. And at one point, the alternative route was even agreed upon.

"But the snowmobile alliance wanted a 10-year easement, and we were willing to give a five-year easement," Mauler said.

The Maulers didn't want to raise a fuss about the trail issue, in fact, it wasn't until reporters contacted them that they spoke publicly. But the Maulers were still concerned that a 10-year easement could turn into an adverse possession claim, and that's where the agreement ended, and the legal battles continued.

Railroad Grade Abandonment

Bayfield County appears to be relying on a 1922 law -- the Railroad Right of Way Abandonment Act -- for their claim to ownership of the strip now in question. In a nutshell, that law says the Federal government retains a railroad right of way after its abandonment. But, according to the Maulers, the county doesn't consider the railroad right of way abandoned.

That law, and the county's claim, has led to the question going to Judge Crabb.

Attorney Jon Erik Kingstad of St. Paul, who represents the Maulers, believes the argument that must be decided is whether or not this particular railroad grade fits into the criteria of the 1922 law. This grade, according to Kingstad was a grant of land from the Federal government to the railroad for aid of construction of a railroad. Not for routine operation of a railroad. A different criteria all together.

And Kingstad believes the Maulers could get a favorable ruling.

"I think their chances are pretty good. I've told them this is their only alternative," Kingstad said.

Kingstad is also representing some land owners in the Minnesota Power Line proposal that could put a route from Northeastern Minnesota through to Wausau.

Bayfield County Tourism

Bayfield County Tourism Director Pat Thornton has faced the brunt of the legal battle between the Maulers and the county. She's the one that most everyone -- other than attorneys -- defer to when questions arise about this issue at the courthouse.

On June 25 in her office, Thornton said she wasn't entirely sure what information she could discuss publicly about the Maulers without conferring with legal counsel.

As Thornton thumbed through three or four of the many, sizable files detailing Bayfield County's dealings in and out of court with the issue it's apparent that no one article and no one conversation can ever sort the situation out.

The Courts

In seeking a favorable answer the Maulers took the case to the Court of Appeals of Wisconsin, District III, in 2000. That's when the Rails-to-Trails Conservancy requested the courts to allow it to file a brief in support of the county's position. With national offices in Washington, D.C., Rails-to-Trails involvement is a sure sign the issue stretches well beyond the scope of just Bayfield County. Nobody can argue that should the courts decide in favor of the Maulers much of the snowmobile trail system in northwest Wisconsin, the entire state, and perhaps nationally, could be splintered and cut up.

According to attorneys for Rails-to-Trails, the portion of the corridor in question was granted a right-of-way to the State of Wisconsin by the United States by acts of Congress in 1856 and 1864, and was subsequently conveyed by a 'checkerboard' patent to the Chicago and North Western Railroad in 1874. In November 1884, the railroad conveyed a portion of the land now owned by the Maulers to John Canfield, the predecessor-in-interest. With one reservation: the railroad reserved itself, and its successors forever the right to occupy a strip of land 100 feet in width through, over and across the premises....

Rails-to-Trails said the circuit court in Ashland issued an oral ruling in August of 1999, holding that a federally granted right of way cannot be abandoned without an Act of Congress.

The Maulers raised the question of whether this Act of Congress-law was applicable to the snowmobile trail because the federal government retained no interest in the 'checkerboard' land grants to the states which surrounded the right of way and were sold by the railroad to homesteaders to finance railroad construction.

The Rails-to-Trails brief goes on at length, but ultimately comes back to the 'strip of land' reservation the railroad made in dealing with previous owners.

The County's Stand

Representing Bayfield County, on July 3 attorney Richard Nordeng of Stafford & Rosenbaum said from his Madison office that the argument between the county and the Maulers boils down to interpretation. Not the facts.

"There doesn't seem to be a dispute about the fact, but how the law applies to the facts," Nordeng said.

Nordeng said Bayfield County's stand rests in the Railroad Right of Way Abandonment Act. In a nutshell, the United States gave the strip of land in question to the railroads, after the railroad pulled out the United States had a revisionary interest in the strip -- meaning it reverted back to the United States, unless a formal action in the courts or by the US Congress moves to give up that interest. And then, the interest still doesn't simply revert to adjacent land owners, publicly it could be made into a highway.

According to Nordeng the Maulers had until July 2 to file their paperwork with Judge Crabb, and they did. Bayfield County has until Aug. 2. After that, Nordeng says, so long as the facts are still not being argued, Judge Crabb could decide on the case within about two weeks, bringing her decision sometime in late August or early September.

What To Do?

The Maulers say that Bayfield County at one time may have been unsure of whether they owned the land or not. The 1994 county plat book shows no indication that Bayfield County had a claim on the grade in question, but the 1998 plat book does.

The Maulers say they've had enough of strangers motoring up their driveway, across their yard, and around their house. They've had to endure people urinating within sight of their house, shutting off their machines to take a break next to their house during overnight hours, chasing their dog and nearly running them over as they go to get their mail.

The Maulers feel their rights have been violated, and their property taken from them. And they urge others to be cautious.

"People don't realize this can happen," Judy said.

The Maulers even blocked the grade twice in an attempt to get the attention of Bayfield County and the snowmobile alliance. The barricade was subsequently taken down.

"I know what people say -- it's your own fault, you bought a house that's next to a snowmobile trail. We still believe the land belongs to us. We knew the trail was there, but we didn't think it would be a problem," Judy said.

"We never had an interest in closing the trail. We thought it could be moved a little and everything would be settled."

The Maulers are hoping for a positive outcome from Judge Crabb. And they are unsure of what they'll do if they don't.

Attorney Kingstad said there is the possibility the Maulers could appeal to the United States Supreme Court. But that would be their decision.

"I like to believe it would end here, but there's a chance it could go to the US Supreme Court. I'm not going to say what kind of chance, but a chance," he said.

Attorney Nordeng said Bayfield County is not taking anything for granted with regards to the Maulers, despite prior favorable rulings. Nordeng said in respect to the Maulers some of their arguments were made late in the issue and may have not been considered in previous decisions.

"They do have further argument," Nordeng said.

But he also believes Bayfield County eventually will win out in the battle for the trail.

"I do believe Bayfield County has a strong case," Nordeng said. "Obviously this is very important to the county, snowmobiling and that system is important to the county's winter economy."

In the End

Snowmobiling in northern Wisconsin has a financial impact like no other with regards to tourism. Snowmobilers bring millions of dollars to the Northland, and for Bayfield County a loss of a sizable chunk of those dollars would negatively impact the economy. The Maulers believe with cooperation the issue could have been resolved long ago, without going to court and without litigation.

"I understand the importance of tourism," Judy Mauler said. "However, private property and landowners are important, too."

The Maulers are looking for a satisfactory answer to their problem. Bayfield County is looking to preserve its trail system. And for both it's been one long ride that will likely end with Judge Crabb.