Published Tuesday, June 3, 2003 4:18:44 PM Central Time

Ironwood Daily Globe News Editor

BENOIT, Wis. -- In a case that has been followed closely in Iron County because it relates to land ownership issues on a former rail line, the U.S. Supreme Court has declined to consider an appeal by Bayfield County residents Douglas and Judy Mauler.

The Maulers had claimed ownership of a popular snowmobile trail that runs across their property near Benoit.

The legal battle between the Maulers and Bayfield County began in 1998.

In 2001, U.S. District Court Judge Barbara Crabb, ruling on a suit filed by the Maulers, said they had no legal title to the right-of-way. That ruling was confirmed by the Supreme Court last week.

The trail lies on a rail corridor that was originally part of public lands granted by the U.S. government to aid in the construction of a railroad.

Union Pacific Railroad abandoned the line in 1978, when it was bought by Bayfield County in 1989. Bayfield County then operated it as a snowmobile trail.

The Maulers bought the land on both sides of the trail and claimed under Wisconsin law, the corridor had become part of their land once the railroad stopped using it. They erected a barricade along the trail, which was later removed.

Judy.Mauler said the couple would never have purchased the property if they thought they didn't own the abandoned railroad right-of-way.

The Mauler case has been followed closely since Iron County officials proposed to develop a snowmobile trail on the abandoned railroad grade from Hurley to Mellen three or four years ago. Opposition by property owners along the former rail grade, including several residents in the Iron Belt area, cooled discussion of the proposal, however.

Although the Mauler decision would appear to support a county's effort to develop a trail on a former rail line, the Hurley-Mellen proposal has not been discussed by the Iron County Board for more than a year.

In addition to Iron County officials, representatives of the Department of Natural Resources, Wisconsin Central Railroad, the Department of Transportation and Ashland County Forestry Department have discussed a proposed Hurley-Mellen line.