Couple look to Supreme Court in snowmobile trail fight
The Daily Press
Last Updated: Thursday, February 13th, 2003 09:25:04 AM


By DARRELL PENDERGRASS

The County Journal

BENOIT — In an effort to lay legal claim to a section of railroad grade that runs across their property and very near their home, each time Doug and Judy Mauler have gone to court they've lost.

The U.S. Seventh Circuit Court of Appeals was the latest judicial body to rule against the Maulers. It decided to let stand Federal Judge Barbara Crabb's previous ruling that Bayfield County held ownership rights to the railroad grade adjacent to the Mauler's property, near County Road F and close to Benoit. It would have appeared the Maulers were down for the count.

Instead, they've gotten up off ground and rejoined the fight. Judy Mauler said on Monday she and her husband will file the necessary paperwork in an attempt to have their argument heard before the U.S. Supreme Court. It's not a given the Maulers will get another day in court, but Judy said they feel it’s necessary as they believe they should hold title to the property in question. They have until Feb. 23 to file.

The Maulers and Bayfield County have been locked in a legal battle over the railroad grade since 1998. Used in the winter as a snowmobile trail linking the northern and southern halves of the county, the Maulers said in recent years users of the grade were becoming more and more intrusive. The Maulers continue to believe that because a title search conducted about seven years ago revealed no outstanding claims to the property prior to their purchase, it is theirs. They attempted to make changes to the trail and its use in 1998 and the struggle began.

Also in 1998 the Maulers, Bayfield County and the Bayfield County Snowmobile Alliance nearly reached an agreement that would have created a new reroute section of trail on the Mauler's property, away from their house. But issues related to easements ensued and that effort died.

However, according to Judy Mauler, in January of this year they asked Bayfield County to again consider rerouting the trail away from their home. They were also willing to give the easements necessary to make a deal. But according to Judy, that proposal died in front of the Bayfield County Tourism and Recreation Committee.

"We were willing to give them a permanent easement, and stop with our claims," Judy Mauler said. " I thought in the beginning (1998) the right thing to do was to move the trail. I feel that way now. Before, we couldn't reach an agreement on the easements, now we're willing to give them what they want. The trail should be moved."

The Maulers aren't sure why their reroute proposal wasn't brought before the full Bayfield County Board, and in truth thought it might be accepted, despite the legal tug-of-war that has at times been bitter.

"I thought they'd approve it, just to stop spending taxpayer money. You know I've spent a fortune on this, and I guess I'm not through," Judy Mauler said.

The Maulers have argued the railroad grade had become part of their property after Union Pacific Railroad abandoned the property in 1978. Crabb's decision ruled the railroad had properly conveyed the right of way for development as a public highway and Bayfield County had done so. She said the land belongs to Bayfield County.

In 1998 the Maulers also erected a wooden barrier to prevent snowmobilers from crossing the grade near their property. The Maulers agreed to remove the barrier after the county filed a lawsuit against them.

Judge Crabb also said federal law gave the railroad the right to convey the corridor for use as a public highway. As a result of that decision Bayfield County continued to use the grade as part of the area's snowmobile trail system.

Attempts to reach Bayfield County Tourism and Recreation Committee chairman Ken Jardine and vice-chairman Brett Rondeau on Tuesday were not successful.