WSOR Waukesha Industrial Spur, North End
Looking South, CN Cars Stored on the "Main Track" behind Waukesha Electric Company
Railroad, Waukesha go to court over access to industrial park
By Joe Taschler of the Journal Sentinel
Posted: Oct. 30, 2009
Waukesha — The Wisconsin & Southern Railroad Co. is asking a judge to find
the City of Waukesha in contempt of court as part of a long-simmering legal
dispute centering on what the railroad says is lack of access to an industrial
park, court records say.
Filed in 2006, the case has seen a host of legal arguments, a proposed
settlement that unraveled, and a judge's gentle admonition that lawyers on both
sides "take a breath" as the proceedings grew in intensity.
The roots of the case date back to railroad tracks and rights of way along the
former Chicago & North Western railroad granted to the City of Waukesha in
1988.
Wisconsin & Southern says that as "CNW's successor," it has the
right to use tracks in the Waukesha Industrial Park. But a redesign of the rail
network in the area, undertaken in 2001 and approved by the city, prevents the
railroad from serving new customers, the company says in court documents.
In a court filing this week, attorneys for the company that was involved in the
track redesign, Waukesha Electric Systems Inc., said the issue was decided in
2005 when a judge ruled the railroad does not have easement rights.
Wisconsin & Southern argues in the documents filed in the 2006 case that the
changes in the track configuration, and railcars' being parked on tracks, block
its access to the industrial park.
In late June, a judge ordered the City of Waukesha to provide access to
Wisconsin & Southern trains and make certain track improvements, including
installing a rail switch in the area.
On Oct. 20, attorneys for Wisconsin & Southern asked a judge to order the
city to comply with the June ruling and hold the city in contempt.
The city, in a letter, says it complied with the order, forwarding the
information to Waukesha Electric, which, according to court documents, has
railroad cars parked on the tracks that Wisconsin & Southern seeks to use.
The railroad's attorneys say the judge's order requires the city to handle
almost all aspects of opening the tracks in question.
"The clear meaning of this language is that the City of Waukesha, as owner
of the trackage in question, and as grantor of the easement must remove
the barriers which impede access to the tracks in question, which barriers
currently exist in the form of parked rail cars and rail car wheel stop
devices," according to a letter filed by railroad attorneys on Oct. 22.
The filing on behalf of Waukesha Electric says the railroad failed to disclose
to the court that it "had previously litigated, and lost, the issue of
whether it hade enforceable easement rights in the property," according to
a filing Wednesday.
Attorneys involved declined to comment.
Bill Gardner, Wisconsin & Southern CEO, says the railroad's rights are being
violated. "We have legal rights and access to the industrial park,"
Gardner said.
Waukesha Mayor Larry Nelson said that because the situation is part of ongoing
litigation, he couldn't comment on specifics of the case.
A hearing is scheduled for Nov. 17 before Circuit Judge Ralph Ramirez.
Looking North ( note cut brush along ROW )
Looking North towards Sentry Drive
Looking South from Sentry Drive
Looking South from Bike Trail. Note paved over rail!
Looking North towards Fox River Bridge
View of Fox River Bridge looking North
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